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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Criminal Process and Human Rights

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ISBN13: 9780792329442
ISBN: 0792329449
Published: November 1994
Publisher: Brill Academic Publishers
Format: Hardback
Price: £119.00

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The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights.;Part One of this volume analyzes the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society.;Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial.

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Foreword, At the Origin of this Project; M. Delmas-Marty. Part One: Status Reports. One: A Period of Reform in Europe: Recap of the Debates; D. Salas. Criminal Procedure: the Main Comparable Features of the National Systems; F. Tulkens. The Preparatory Phase of the Criminal Proceeding: Major Trends in European Jurisprudence; R. Koering-Joulin. Two: Survey of National Criminal Justice Systems: Recap of the Debates; D. Salas. The Criminal Process in France; S. Lasvignes, M. Lemonde. The Criminal Process in Italy; M. Chiavario. The Criminal Process in Portugal; J. de Souto de Moura. The Criminal Process in the Federal Republic of Germany - an Overview; H. Jung. Criminal Procedure in England - a Summary of its Merits and Defects - the Outlines of System; J. Spencer. The Criminal Process in Czechoslovakia; L. Kosta. The Criminal Process in the Soviet Union; V. Savitsky. Part Two: Debates. One: What Rights for Those on Trial? Universality and Human Rights; B. Edelman. The Concept of Human Rights. A Landmark for Understanding a Progressive Development; A.-J. Arnaud. Recap of the Debates; D. Salas. Two: What the Professionals Say. What the Litigants Think: The Judicial Arena and Reform of the Instruction; R. Lenoir. Recap of the Debates; D. Salas. Three: The Trials in Images. Images of the Trial: Evolution of the Legislation; A. Braunschweig. Recap of the Debates; D. Worms. Four: The Criminal Trial in a Democracy: Equality of Speech, a Principle of Democracy and of a Criminal Trial; G. Soulier. Justifications for and Limitations on the Actions of the Public Prosecutor; P. Truche. Recap of the Debates; D. Salas. Part Three: Overture. For a Europe of Values; S.E.M. Alvaro Mario Brilhante Laborinho Lucio. Perspectives from the Council of Europe; P. Leuprecht. The Harmonization of the Criminal Procedure Laws of the Member-States as a Result of European Community Law; F. de Angelis. Toward a European Model of the Criminal Trial; M. Delmas-Marty.