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Fair Trial Rules of Evidence: The Case Law of the European Court of Human Rights

Fair Trial Rules of Evidence: The Case Law of the European Court of Human Rights

Fair Trial Rules of Evidence: The Case Law of the European Court of Human Rights

Author: Jurkka Jämsä
Publisher: Routledge
ISBN: 9781032317946
Published In: September 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥37,015.55

¥35,905.08 Save ¥1,110.47 (3%)

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Description
Contents

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This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law.

The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including "the Perna test", "the Ibrahim criteria", and "the sole or decisive rule".

The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights.

Preface and acknowledgements

Table of cases

Table of abbreviations

1. Introduction

2. The right to a fair trial

3. Rules of evidence

4.

Basic evidentiary rights

5. The privilege against self-incrimination

6. The prohibition of torture and inhuman or degrading treatment

7. The prohibition of entrapment

8. Other improperly obtained evidence

9. The right to cross-examine prosecution witnesses

10. Conclusion

Bibliography

Index

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