Liberty and Security in Europe: A Comparative Analysis of Pre-trial Precautionary Measures in Criminal Proceedings
V&R unipress GmbH, 2012 - Law - 296 pages
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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accused adopted appeal Application Article assessment Bail Act BVerfGE Chiara coercive measures competent authority conditional bail Constitutional Court conviction Council of Europe Court of Cassation crime Criminal Justice criminal procedure criminal proceedings defendant defendant’s deprivation of liberty detainee detention order EAW FD ECHR ECtHR England and Wales ensure established European Arrest Warrant European Union evidence Framework Decision fundamental rights Germany Giuffr guarantees Habeas Corpus hearing Human Rights imposed interim measures investigation issue Italian Italy judge justified lawsuit LECrim legal system legislation limits Marzaduri Moreno Catena Moreover mutual recognition penale personal freedom personal liberty police pre-trial detention pre-trial measures pre-trial precautionary measures pre-trial release presumption of innocence principle prison prosecution Prosecutor protection provisional imprisonment reasons regard remand detention remand in custody requested person requirement restriction right to liberty risk rule Spain specific StPO supervision measures supra surrender Tirant lo Blanch Trechsel trial Vogler