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Books > Law > International law > International criminal law
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The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings - A Comparative View (Paperback, 1st ed. 2020)
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The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings - A Comparative View (Paperback, 1st ed. 2020)
Series: Ius Comparatum - Global Studies in Comparative Law, 44
Expected to ship within 10 - 15 working days
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The book provides an overview of the right to counsel and the
attorney-client privilege in the following 12 jurisdictions: China,
Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain,
Switzerland, Turkey, UK and USA. The right to counsel is a
fundamental right providing the accused access to justice in
criminal proceedings. Lawyers can only practice their profession
properly if clients have complete trust in their lawyer's
discretion. This trust is safeguarded by the attorney-client
privilege, which is an indispensable part of every constitutional
state and one of the most important professional duties of a
lawyer. It is of particular importance in criminal proceedings
regarding the protection of the confidentiality of lawyer-client
communications in the different procedural stages, coercive
measures as well as the various duties and interests in play.
However, the communications protected by attorney-client privilege
vary greatly from country to country. With regard to criminal
investigations in an increasingly globalised world, where
sophisticated tools enable broad digital investigations, there is
an urgent need to clarify how this fundamental right is protected
at both the national and supranational level. Each chapter explores
the regulations, practices and recent developments in each
jurisdiction and was written by highly qualified experts in the
legal field - from academia and practice alike. It identifies
possible solutions and best practices, providing valuable insights
for practitioners and law-making bodies alike regarding the actual
protection (or lack thereof) of lawyer-client confidentiality in
the pretrial and trial stage of criminal proceedings.
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