Every year, millions of people across Europe - innocent and guilty
- are arrested and detained by the police. For some, their cases go
no further than the police station, but many others eventually
appear before a court. Many will spend time in custody both before
and following trial. Initial attempts by the European Union to
establish minimum procedural rights for suspects and defendants
failed in 2007, in the face of opposition by a number of Member
States who argued that the European Court of Human Rights (ECHR)
rendered EU regulation unnecessary. However, with ratification of
the Lisbon Treaty, criminal defense rights are again on the agenda.
Based on a three year research study, this book explores and
compares access to effective defense in criminal proceedings across
nine European jurisdictions (Belgium, England/Wales, Finland,
France, Germany, Hungary, Italy, Poland, and Turkey) that
constitute examples of the three major legal traditions in Europe:
inquisitorial, adversarial, and post-state socialist. Part I sets
out the research methodology and analysis of the baseline
requirements that, according to ECHR case law, have an impact on
the rights of the accused. In addition to the general fair trial
rights (the presumption of innocence, the right to silence,
equality of arms, and the (conditional) right to release pending
trial) the rights explored include: the right to information, the
right to legal assistance and legal aid, and a number of procedural
rights (the right to adequate time and facilities to prepare a
defense, participation rights, the right to free interpretation and
translation, and the right to reasoned decisions and to appeal).
Part II consists of a description and critical analysis of access
to effective criminal defense in the nine countries examined. Part
III includes a cross-jurisdictional analysis of compliance, in law
and in practice, with the ECHR requirements. It also contains an
analysis of how they interrelate, and of whether structures,
systems, and legal cultures exist to enable individuals to
effectively exercise these rights. This book contributes to
implementation of the rights of suspects and defendants to a real
and effective defense, especially for those who lack the means to
pay for legal assistance themselves. The recommendations are
designed to contribute to the development of meaningful policies
and processes that will help to ensure effective criminal defense
across the EU. The book is essential reading for academics,
researchers, students, defense lawyers, and policy-makers in the
area of criminal justice in Europe.
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