Comparative Perspectives of Criminal Procedure

Criminal justice systems across the globe face similar challenges, yet their solutions to these obstacles might differ for a variety of reasons. This book introduces the most salient aspects of criminal procedure from a comparative perspective. The procedural phenomena present in various criminal justice systems are discussed through reference to the legal systems of Germany, the Netherlands and England and Wales.

Criminal procedure includes a variety of procedures concerning investigating, adjudicating and sentencing suspects. The criminal justice system encompasses various actors and institutions and they all have their own specific role. Whereas criminal justice systems may differ greatly, many of the issues they face are the same. This poses questions such as under which conditions may evidence be collected during investigations, what conclusions can be drawn from it during trial and what should happen if such rules are not respected? In addition, criminal procedure empowers citizens with rights in their relation to the state. How criminal justice is organised and the design of criminal procedure depends on the legal system in question: each legal system has its own history, institutions and actors, principles, values and ways of organising state power to respond to criminal offences. Ultimately, criminal procedure is part of criminal justice, which is, in itself, a complex system of institutions.

The primary purpose of this book is twofold. First, it strives to present the main features of criminal procedure. The reader shall find the most topical measures, principles, rights and procedures of criminal process. Second, because describing the criminal process is not sufficient, this book further explores why criminal procedure looks the way it does, by dissecting the raison d'être and choices behind legislation and practice. Furthermore, certain developments are the result of the implementation of a specific (criminal) policy, such as increased efficiency or better alignment with international human rights obligations.

This book is not a mere description of criminal procedure, but a critical account of the choices made in its formation. By delving into the rationale behind certain legal phenomena, the authors aim to provide the reader with a deepened understanding of criminal procedure and, more importantly, with the tools to keep a curious eye on future developments. It is hoped that Comparative Perspectives of Criminal Procedure will enable readers to recognise the systemic consequences of and reasons for the choices made by procedural systems.