This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Table des matières
Part I Introduction to the research.- Part II Personal participation in court proceedings and in absentia trials in domestic and transnational criminal justice. The perspective of national and comparative law.- Part III Personal participation in court proceedings and in absentia trials in comparative criminal and civil justice.- Part IV A critical assessment of in absentia trials. The viewpoint of constitutional and substantive criminal law.- Part V Participatory safeguards and in absentia proceedings in international human rights law and EU law.- Part VI Models for solution in human rights law and guidelines for a participatory approach to criminal justice.
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