Avoiding a Full Criminal Trial : Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings

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 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. 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 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 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. The book is intended for criminal law scholars and practitioners and human rights scholars Front Matter....Pages i-xiv Full Criminal Proceedings in Decline....Pages 1-9 Diversions, Shortcuts and the Concept of Fairness....Pages 11-34 Diversions and Shortcuts in Dutch Law of Criminal Procedure....Pages 35-114 Diversions and Shortcuts in the Law of International Criminal Procedure....Pages 115-212 Avoiding a Full Criminal Trial: Evading Fairness?....Pages 213-260 Why Fairness Matters....Pages 261-270 Back Matter....Pages 271-273