International Criminal Procedure
A Clash of Legal Cultures
(Sprache: Englisch)
4 an incorrect verdict. The basic concept of a criminal trial in common law s- tems is that of a competition between the parties, in which the stronger - and therefore true - version of the case will prevail. Civil law-style criminal proceedings, in...
Jetzt vorbestellen
versandkostenfrei
Buch (Gebunden)
106.99 €
53 DeutschlandCard Punkte
sammeln
- Lastschrift, Kreditkarte, Paypal, Rechnung
- Kostenlose Rücksendung
- Ratenzahlung möglich
Produktdetails
Produktinformationen zu „International Criminal Procedure “
Klappentext zu „International Criminal Procedure “
4 an incorrect verdict. The basic concept of a criminal trial in common law s- tems is that of a competition between the parties, in which the stronger - and therefore true - version of the case will prevail. Civil law-style criminal proceedings, in contrast, are characterised by a "one case approach". Beginning at the pre-trial stage, only one case is prepared by a state official who carries out by far the major part of the investigations. This state official is either an investigating judge or (as for example in Germany) the prosecutor who, in contrast to a common law prosecutor, is also obliged to investigate exonerating evidence. The defence is granted a right to inspect the case files produced by this investigating authority. If the case proceeds to trial, these case files are transmitted to the trial court. At trial, the central figure is the judge who largely decides on the submission of evidence and questions the witnesses, and who decides over the defendant's guilt or innocence. Thus, only one case is presented at trial. In civil law systems, the judge is under a legal duty to establish the true facts of a case and to submit the appropriate evidence - cordingly. The central concept of a civil law-style criminal trial is that the true facts of a case are established by an official authority.
The procedures used by international criminal courts blend elements of civil law and common law procedures. This mixture causes disputes between civil and common law lawyers which are hard to resolve while the disputants remain philosophically bound by the premises of their native legal systems. As these disputes frequently arise in the everyday practice of the international criminal courts, this book applies a systematic method of contextual legal comparison and a focus on characteristics of international criminal trials which may help to overcome the civil law-common law divide. This book will be of great interest for scholars and practitioners working in international criminal law and is a most valuable point of reference for practitioners at the ICC now and in the future.
Inhaltsverzeichnis zu „International Criminal Procedure “
Part I: INTRODUCTION A. The Debate Between Civil Law and Common Law Lawyers in International Criminal Procedure
B. About this Study
Part II: NATIONAL PROCEDURAL LAW
A. Disclosure Rules
B. Evidence Rules
C. The Role of the Judge and the Question of a Dossier
D. Guilty Pleas and Plea-Bargaining
Part III: PROCEDURAL LAW OF THE ICTY
A. Disclosure Rules
B. Evidence Rules
C. The Role of the Judge and the Question of a Dossier
D. Guilty Pleas and Plea-Bargaining
E. Evaluation of the Rules of the ICTY - The Results of the Comparative Study of Domestic ICTY Procedure in a Nutshell
Part IV: PROCEDURAL LAW OF THE ICC
A. Disclosure Rules
B. Evidence Rules
C. The Role of a Judge and the Question of a Dossier
D. Admission of Guilt and Bargaining
Part V: CONCLUDING REMARKS
- Bibliography Table of Cases
- Legal Materials
- Other Relevant Materials
- IndexAL LAW
A. Disclosure Rules
B. Evidence Rules
C. The Role of the Judge and the Question of a Dossier
D. Guilty Pleas and Plea-Bargaining
Part III: PROCEDURAL LAW OF THE ICTY
A. Disclosure Rules
B. Evidence Rules
C. The Role of the Judge and the Question of a Dossier
D. Guilty Pleas and Plea-Bargaining
E. Evaluation of the Rules of the ICTY - The Results of the Comparative Study of Domestic ICTY Procedure in a Nutshell
Part IV: PROCEDURAL LAW OF THE ICC
A. Disclosure Rules
B. Evidence Rules
C. The Role of a Judge and the Question of a Dossier
D. Admission of Guilt an
Bibliographische Angaben
- Autor: Christine Schuon
- 2010, 450 Seiten, Maße: 15,5 x 23,5 cm, Gebunden, Englisch
- Verlag: Springer, Berlin
- ISBN-10: 9067043001
- ISBN-13: 9789067043007
Sprache:
Englisch
Kommentar zu "International Criminal Procedure"
0 Gebrauchte Artikel zu „International Criminal Procedure“
| Zustand | Preis | Porto | Zahlung | Verkäufer | Rating |
|---|
Schreiben Sie einen Kommentar zu "International Criminal Procedure".
Kommentar verfassen