Avoiding a Full Criminal Trial

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 fairnessas derived from ECtHR case lawis 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.

Illustrates the growing tendency of out-of-court criminal law enforcement Provides a human rights based normative framework to assess the legitimacy of diverted and shortened proceedings Assesses the rise of out-of-court settlements in criminal proceedings in a critical manner Includes supplementary material: sn.pub/extras

Inhalt
Full Criminal Proceedings in Decline.- Diversions, Shortcuts and the Concept of Fairness.- Diversions and Shortcuts in Dutch Law of Criminal Procedure.- Diversions and Shortcuts in the Law of International Criminal Procedure.- Avoiding a Full Criminal Trial: Evading Fairness?.- Why Fairness Matters.