Criminal Law Human Rights

Avoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings

By Koen Vriend
T.M.C. Asser Press October 2016

Specifications

ISBN-13
9789462651524
Publisher
T.M.C. Asser Press
Publication
October 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

Table of Contents

Full Criminal Proceedings in Decline
Diversions, Shortcuts and the Concept of Fairness
Diversions and Shortcuts in Dutch Law of Criminal Procedure
Diversions and Shortcuts in the Law of International Criminal Procedure
Avoiding a Full Criminal Trial: Evading Fairness?
Why Fairness Matters.
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