Liberty and Security in Europe: A Comparative Analysis of Pre-trial Precautionary Measures in Criminal Proceedings

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Stefano Ruggeri
V&R unipress GmbH, 2012 - Law - 296 pages
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Over recent years, most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures. This book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.
 

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Contents

The application ofpretrial precautionary measures
19
The application of pretrial precautionary measures
27
4
33
Sabela OubiÇa Barbolla
47
Tommaso Rafaraci
67
GM Giurisprudenza di merito
83
Richard Vogler
87
Arndt Sinn
105
Chiara
121
ICCPR International Covenant on Civil and Political Rights
138
Víctor Moreno Catena
141
Stefano Ruggeri
185
Questionnaire on Pretrial Precautionary Measures in Criminal
247
The Authors
295
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