The principle of "equality of arms" in criminal procedure under article 6 of the European Convention on Human Rights and its functions in criminal justice of selected European countries a comparative view
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the...
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Leuven, Belgium, :
Leuven University Press
[2000]
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| Colección: | Leuven law series.
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| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009438336606719 |
Tabla de Contenidos:
- Introduction
- 1. The general concept of "due process of law" and its application
- in the continental and English legal system
- 1.1 . "Due process" in common law countries
- 1.2. German concept of "fair trial"
- 1.3. The concept of "fair trial" in the Polish legal system
- 2. The principle of "equality of arms" as a significant element of the notion of "fair trial" developed by the European Court of Human Rights
- 2.1. The formal scope of application of the concept of "fair trial"
- 2.2. Relationship between Article 6 paragraph 1 and the standard of minimum guarantees provided for the accused person in Article 6 paragraphs 2 and 3 of the Convention
- 2.3. "Equality of arms" under Article 6 of the Convention
- 2.3.1. Equality between the parties in the institutional framework of criminal procedure
- 2.3.2. The "equality of arms" principle and evidence in criminal procedure
- 3. The principle of "equality of arms" and the rights of witnesses in criminal procedure
- 3.1. The notion 01' an anonymous witness
- 3.2. The European Court on anonymous witnesses
- 4. "Equality of arms" in different models of criminal procedure in Europe
- 4.1. The scope of application of the principle in adversary criminal justice in common law countries
- 4.2. Criminal procedure and the principle of "equality of arms" in Poland and Germany
- 4.3. "Equality of arms" - philosophical concept or reality?
- 5. Conclusions - the case law related to Article 6 of the European Convention on Human Rights as creation of a new standard of rights in criminal procedure.
