Avoiding a Full Criminal Trial - Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings
Series: International Criminal Justice Series
- Published: October 2016
- Pages: xiv + 273 pp.
- Publisher: T.M.C. ASSER PRESS
- Distributor: Springer
- Formats: Hardcover, eBook and online on SpringerLink
- ISBN: 978-94-6265-152-4
- E-ISBN: 978-94-6265-153-1
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.
Specific to this book:
- Illustrates the growing tendency for out-of-court criminal law enforcement
- Provides a human rights based normative framework to assess the legitimacy of diverted and shortened proceedings
- Assesses the increase in out-of-court settlements in criminal proceedings in a critical manner.
This is Volume 8 in the International Criminal Justice Series