European Criminal Procedures

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Mireille Delmas-Marty, J. R. Spencer
Cambridge University Press, Oct 17, 2002 - Law - 775 pages
Leading scholars describe and discuss criminal procedure throughout England, Belgium, France, Germany and Italy in this study. They provide up-to-date analyses of the main differences and similarities of each system by examining the accusatorial and inquisitorial traditions; cross influences between the two traditions; and current pressures for harmonization. Extended essays include topics on public prosecutors, the rights of victims and defendants, evidence, negotiated justice and media influence. The volume is of interest to academics and postgraduates in criminal law; comparative, E.U. and human rights lawyers; and lawyers interested in European harmonization and in reforming criminal procedure.
 

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Contents

List of figures page
viii
Introduction
1
The Belgian system
81
The English system
142
The French system
218
The German system
292
The Italian system
348
The public prosecutor
415
The balance of power between the police
459
The role of the judge
488
the rights of the defendant
541
Evidence
594
Negotiated justice
641
Justice and the media
688
Index
717
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About the author (2002)

Mireille Delmas-Marty is Professor at the Collège de France, where she holds the Chair in Comparative Legal Studies and the Internationalisation of Law. Her publications include Pour un droit commun (1994; published as Towards a Truly Common Law by CUP, 2001), Trois défis pour un droit mondial (1998) and Le Relatif et l'Universel (2004). She is also editor of Droit pénal des affaires (4th edition 2000).

J. R. Spencer is a Fellow of Selwyn College and Professor of Law at the University of Cambridge. His publications include Jackson's Machinery of Justice (8th edition 1989), The Evidence of Children: the Law and the Psychology (2nd edition 1993) and La procédure pénale anglaise (1998). He was also part of the international team of lawyers which produced the EU Corpus Juris project, proposing a unified European law for the prosecution of offences of fraud against the Community budget. As well, he was a consultant to Lord Justice Robin Auld's review of the Criminal Courts.

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