- Avoiding a full criminal trial: Fair trial rights, diversions, and shortcuts in Dutch and international criminal proceedings
- Award date
- 31 May 2016
- Number of pages
- Document type
- PhD thesis
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
In modern societies, full criminal trials are avoided on many occasions. This thesis 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 (ECtHR) under Article 6 of the European Convention on Human Rights (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.
- A commercial edition of this thesis will be published in the International Criminal Justice Series of T.M.C. Asser Press in
cooperation with Springer.
Research conducted at: Universiteit van Amsterdam
Thesis (complete) (Embargo until 31 May 2018)
1. Full criminal proceedings in decline (Embargo until 31 May 2018)
2. Diversions, shortcuts, and the concept of fairness (Embargo until 31 May 2018)
3. Diversions and shortcuts in Dutch law of criminal procedure (Embargo until 31 May 2018)
4. Diversions and shortcuts in the law of international criminal procedure (Embargo until 31 May 2018)
5. Avoiding a full criminal trial: evading fairness? (Embargo until 31 May 2018)
6. Why fairness matters (Embargo until 31 May 2018)
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