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Complementarity and the Obligation to Investigate and Prosecute

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0006
Subject:
Law, Public International Law

This chapter addresses the question whether and to what extent the Statute obliges States to exercise their jurisdiction over ICC crimes. It concludes that the Statute imposes on States Parties, ... More


The Scope of Application of the Right to a Fair Trial in Criminal Matters

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0002
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter discusses the scope of application of a person's right to a fair trial in criminal matters. An examination of the cases in which a violation of Article 6 of the European Convention on ... More


Prosecutorial Manipulation or Misuse of Process

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines situations in which ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair ... More


The Abuse of Process Doctrine and Criminal Justice

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter begins with a brief discussion of the primary aim of the book, which is to analyse the courts' power to stay criminal proceedings which are deemed as an ‘abuse of the process of the ... More


The Right to be Presumed Innocent

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The right to be presumed innocent is spelled out in the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on ... More


Human Rights in Criminal Proceedings

Stefan Trechsel

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.001.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

During the last 50 years, interest in human rights has grown dramatically. While newspapers focus mainly on dramatic issues such as unlawful killing, torture, disappearances, or violations of freedom ... More


Police Misconduct at the Investigatory Stage

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines to what extent pre-trial police misconduct may lead to a prosecution being stayed as an abuse of process. It shows that it is possible for a stay of proceedings to be ordered on ... More


Procedural Issues

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers various procedural issues associated with the exercise of the judicial power to stay proceedings as an abuse of process. It is shown that while the exercise of judicial ... More


Delay, Lost or Destroyed Evidence, and Adverse Publicity

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a ... More


The Right to Defend Oneself and to Have the Assistance of Counsel

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0010
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on Human Rights (ACHR) feature the right of an accused to ... More


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