Audi Alteram Partem in Criminal Proceedings: Towards a Participatory Understanding of Criminal Justice in Europe and Latin America
Stefano Ruggeri - Springer, 2017
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| Anteprima |
This
book analyses current developments in Europe and Latin America towards
the greater involvement of the parties in the administration of criminal
justice. Focusing on both national criminal proceedings and
transnational cases, this study employs a comparative law approach to
examine the shift experienced by Italy and Brazil from the long
tradition of mixed criminal justice to unprecedented adversarial trends.
The identification of common needs and divergences from the national
approach to criminal justice paves the way for a subsequent analysis of
new solution models emerging from international human rights law and EU
law. To a great extent, these developments are due to the increasing
impact of international human rights case-law on the criminal justice
systems of the countries in question. The book concludes by proposing a
set of qualitative requirements for a participatory model of criminal
justice.
