Knowledge of pre-trial procedural rights across Europe is patchy and the accounts that exist often differ widely from practice. This book provides an insight into the investigative stage of the criminal process and, in particular, the legal protection of persons suspected of crime, in a number of EU countries: Belgium, England and Wales, Germany, Greece, Italy, the Netherlands and Poland. For each country, academic and practising lawyers critically examine the pretrial stage of the criminal process and its relationship to the trial stage. In doing so, the authors do not simply describe, in formal terms, criminal procedural rules but, drawing on empirical research and other relevant materials, and on their experience, they seek to explain the ‘lived experience’ of pre-trial processes in their jurisdictions. Furthermore, given the dynamic nature of criminal justice systems and processes, they examine them in an historical context, demonstrating how they have changed in recent years and speculate on how they might develop in the future. In the second part of the book, the authors consider a case study, explaining how suspects arrested and detained are likely to be dealt with in their jurisdiction. By adopting an approach that seeks to understand the ways in which the legal protection of persons suspected of crime works in practice, this book aims to provide a nuanced understanding of how the investigative stage of the criminal process operates in a variety of EU jurisdictions, and ultimately to contribute to the development of meaningful policies and processes that will help to ensure the realisation of fair trial rights across the EU.
This book is essential reading for academics, researchers, students, defence lawyers and policy-makers working in the area of criminal justice in Europe.
PROCEDURAL RIGHTS AT THE INVESTIGATIVE STAGE: TOWARDS A REAL COMMITMENT TO MINIMUM STANDARDS (p. 1)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN BELGIUM (p. 29)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN ENGLAND AND WALES (p. 59)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN GERMANY (p. 79)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN GREECE (p. 101)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN ITALY (p. 129)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN THE NETHERLANDS (p. 155)
THE INVESTIGATIVE STAGE OF THE CRIMINAL PROCESS IN POLAND (p. 181)
CASE STUDY (p. 207)
CASE STUDY: BELGIUM (p. 211)
CASE STUDY: ENGLAND AND WALES (p. 219)
CASE STUDY: GERMANY (p. 229)
CASE STUDY: GREECE (p. 235)
CASE STUDY: ITALY (p. 243)
CASE STUDY: THE NETHERLANDS (p. 249)
CASE STUDY: POLAND (p. 259)
TIMELINE ARREST AND PRE-TRIAL DETENTION BELGIUM (p. 267)
TIMELINE ARREST AND PRE-TRIAL DETENTION ENGLAND AND WALES (p. 268)
TIMELINE ARREST AND PRE-TRIAL DETENTION GERMANY (p. 270)
TIMELINE ARREST AND PRE-TRIAL DETENTION GREECE (p. 271)
TIMELINE ARREST AND PRE-TRIAL DETENTION ITALY (p. 274)
TIMELINE ARREST AND PRE-TRIAL DETENTION THE NETHERLANDS (p. 276)
TIMELINE ARREST AND PRE-TRIAL DETENTION POLAND (p. 279)
COMPARATIVE OVERVIEW TIMELINES (p. 281)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
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Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).