| Document Type
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BL
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| Record Number
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859401
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| Title & Author
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Personal Participation in Criminal Proceedings : : a Comparative Study of Participatory Safeguards and in absentia Trials in Europe /\ editors, Serena Quattrocolo and Stefano Ruggeri.
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| Publication Statement
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Cham, Switzerland :: Springer,, 2019.
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| Series Statement
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Legal studies in international, European and comparative criminal law ;; volume 2
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| Page. NO
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1 online resource
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| ISBN
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3030011860
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: 3030011879
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: 9783030011864
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: 9783030011871
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3030011852
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9783030011857
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| Bibliographies/Indexes
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Includes bibliographical references.
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| Contents
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Intro; Contents; List of Contributors; Part I: Introduction to the Research; Preliminary Issues; 1 The Problem; 2 Subject and Goals of the Investigation; 3 Methods and Structure of the Research; Part II: Personal Participation in Court Proceedings and In Absentia Trials in Domestic and Transnational Criminal Justice. The Perspective of National and Comparative Law; Report on Austria; 1 Constitutional Requirements of the Involvement of Private Parties in Criminal Justice; 2 Personal Participation of Private Parties and Legal Assistance
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3 Personal Participation of the Accused in Criminal Proceedings3.1 General Features of Personal Participation: Absolute Individual Right or Duty of Diligence?; 3.2 Personal Participation in the Pre-Trial Inquiry (with Particular Regard to the Interim Decisions on Coercive Measures); 3.3 Personal Participation in Proceedings in Camera; 3.4 Personal Participation in Alternative Proceedings; 3.5 Personal Participation at Trial; 3.5.1 Personal Involvement in the Evidence-Gathering; 3.5.2 Personal Contribution to the Fact-Finding; 3.6 Personal Participation in Higher Instances
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3.7 Special Rules in the Field of Serious Organised Crimes4 Personal Participation of Private Parties Other Than Defendants (in Particular, the Contribution of the Victim to the Fact-Finding); 5 In Absentia Proceedings; 5.1 Information Rights and Conditions of Waiver of Personal Participation in Criminal Proceedings; 5.2 Default Proceedings and Subsequent Remedies (e.g., Retrial or Judicial Review in a Higher Instance); 5.3 Inaudito Reo Proceedings (e.g., Penal Order Procedure); 6 Participatory Rights in Transnational Criminal Justice; 6.1 Participatory Safeguards in EAW Proceedings
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6.1.1 Participatory Rights in the Decision on Surrender6.1.2 In Absentia Proceedings in the Trial Country and Its Relevance in the Surrender Procedure; 6.2 Participatory Safeguards in Transborder Inquiries and the Taking of Overseas Evidence; 7 Requirements of Personal Participation and in Absentia Proceedings. The Perspective of Supranational and International Human Rights Law; 7.1 The Perspective of International Human Rights Law. Critical Remarks on Domestic Law in the Light of the European Convention; 7.2 The Perspective of EU Law. Developments in Domestic Law as a Result of EU Law
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8 Concluding RemarksReferences; Report on Bulgaria; 1 Constitutional Requirements of the Involvement of Private Parties in Criminal Justice; 2 Personal Participation of Private Parties and Legal Assistance; 3 Personal Participation of the Accused in Criminal Proceedings; 3.1 General Features of Personal Participation: Absolute Individual Right or Duty of Diligence?; 3.2 Personal Participation in the Pre-trial Inquiry with Particular Regard to the Interim Decisions on Coercive Measures; 3.3 Personal Participation in Proceedings In Camera; 3.4 Personal Participation in Alternative Proceedings
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| Abstract
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This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
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| Subject
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Comparative law.
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| Subject
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Criminal procedure-- Europe.
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| Subject
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Comparative law.
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| Subject
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Criminal procedure.
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| Subject
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LAW-- Criminal Law-- General.
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| Subject
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Europe.
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| Dewey Classification
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345.4
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| LC Classification
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KJC7973
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| Added Entry
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Quattrocolo, Serena
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Ruggeri, Stefano
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