The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings: A Comparative View (Ius Comparatum - Global Studies in Comparative Law (44))

"The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyers discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field - from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings."Resumen el editor Front Matter ....Pages i-vi Introduction (Lorena Bachmaier Winter)....Pages 1-6 A Comparative View of the Right to Counsel and the Protection of Attorney-Client Communications (Lorena Bachmaier Winter, Stephen C. Thaman)....Pages 7-73 Attorney-Client Privilege in Mainland China’s Criminal Proceedings (Changyong Sun, Suhao Chen)....Pages 75-104 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial: The Situation in Germany (Bettina Weisser)....Pages 105-132 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Greece (Georgios Triantafyllou)....Pages 133-152 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Italy (Massimo Ceresa-Gastaldo)....Pages 153-176 The Continuing Evolution of Right to Counsel and Confidentiality of Attorney-Client Communications in Japan (Hiroki Sasakura)....Pages 177-204 The Dutch Attorney and His Client (Joost S. Nan, Pieter A. M. Verrest)....Pages 205-233 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Portugal (Vânia Costa Ramos, Carlos Pinto de Abreu, João Valente Cordeiro)....Pages 235-271 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Spain (María Luisa Villamarín López)....Pages 273-291 Legal Privilege and Right to Counsel in Criminal Proceedings in Switzerland (Veronica Lynn, Wolfgang Wohlers)....Pages 293-325 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial: Turkey—Quo vadis? (Öznur Sevdiren)....Pages 327-357 Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in the United Kingdom (Richard Stone, Veronica Lynn)....Pages 359-393 Confidentiality of Attorney-Client Communications in the United States (Stephen C. Thaman)....Pages 395-440