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»Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand. / »Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand.

»Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand. / »Proceedings ›in absentia‹ in comparative and international criminal law« finds a normative approach to the question whether trial ›in absentia‹ is suitable for International Criminal Tribunals by applying classical sources of international criminal law and combining institutional aspects of the procedural theory, specifically the goals of the international criminal trial, with the individual frameworks of fundamental rights, namely the right to be present. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present. The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and – considering the high number of accused of International Criminal Tribunals at large – a highly relevant procedural question on the other hand.

Intro -- Preface -- Inhaltsverzeichnis -- Abbreviations -- A. Introduction -- I. Goals and scope of this study -- II. Working Definitions -- B. Proceedings in absentia at ICTs -- I. The investigative phase at ICTs -- II. IMT and IMTFE -- III. ICTY, ICTR and MICT -- 1. Right to be present -- 2. Duty to be present -- 3. Framework of proceedings in absentia -- a) Procedure in absentia at the pre-trial stage -- aa) Rule 61 Procedure -- bb) Rule 71bis Procedure -- b) Proceedings partially held in absentia -- aa) Pre-trial conferences and technical meetings -- bb) Waiver of the right to be present -- cc) Refusal to attend trial -- dd) Removal due to disruptive behaviour -- ee) Temporary inability to stand trial -- ff) Protection of witnesses and victims -- 4. Video link procedures -- IV. Hybrid tribunals -- 1. SCSL, SPSC, ECCC, BWCC -- a) Right to be present -- b) Duty to be present -- c) Framework of trials in absentia -- 2. STL -- a) Right to be present -- b) Duty to be present -- c) Framework of trials in absentia -- aa) Legal and virtual presence -- bb) Trials in absentia -- (1) Conditions for the conduction of trials in absentia -- (a) Art. 22‍(1)(a) STLSt -- (b) Art. 22‍(1)(b) STLSt -- (c) Art. 22‍(1)(c) STLSt -- cc) Safeguards -- (1) Proper notification -- (2) Representation by defence counsel -- (3) Re-trial -- dd) Partial trials in absentia -- 3. KSC -- a) Right to be present -- b) Duty to be present -- c) Framework of proceedings in absentia -- d) Participation via video link -- V. ICC -- 1. Right to be present -- 2. Duty to be present -- 3. Pre-trial proceedings in absentia -- a) Confirmation of charges in absentia -- aa) Safeguards -- bb) Confirmation of charges in absentia for fugitive suspects -- cc) Role of the confirmation of charges -- b) Ex-Parte hearings -- 4. Framework of trials in absentia -- a) Removal of the disruptive defendant.

Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such admonitions must be given, to what extent the police or other officials may re-admonish after the right to silence or counsel has been invoked, and whether statements taken in violation of such admonitions or the fruits thereof may be used in court, or for the purpose of conducting further investigations or prosecuting third parties. This article also assesses what we can learn from a comparison of U.S. law with that of other democratic countries with systems derived from the inquisitorial model. The comparison focuses primarily on England, France, Germany, Italy, Russia, and Spain.

This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court's duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Legality in criminal law, its purposes, and its competitors -- A partial history to World War II -- Nuremberg, Tokyo, and other Post-War cases -- Modern development of international human rights law : practice involving multilateral treaties and the Universal Declaration of Human Rights -- Modern comparative law development : national provisions concerning legality -- Legality in the modern international and internationalized criminal courts and tribunals (with a note on legality in internationally-supervised trust territories) -- Legality as a rule of customary international law today

"The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The v. addresses from a cross-disciplinary perspective the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law."--Bloomsbury Publishing