Fair Trial Rules of Evidence: The Case Law of the European Court of Human Rights

This book explores how the European Court of Human Rights handles evidence and how its judgments impact domestic law, particularly in the area of criminal evidence. It examines key defense rights related to evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination, and access to a lawyer. It also provides a framework for understanding the various assessment models developed by the Court, including the Perna test, the Ibrahim criteria, and the sole or decisive rule.

Format: Hardback
Length: 182 pages
Publication date: 30 September 2022
Publisher: Taylor & Francis Ltd

This book delves into a comprehensive examination of the European Court of Human Rights' approach to evidence and its impact on domestic law. The Court's case law has exerted a profound influence on various fields of law within Europe, particularly in the realm of evidence. One such area is criminal evidence, which this work specifically focuses on. It explores the fundamental defense rights that may intersect with evidence, including the right to present evidence, the right to disclosure, the privilege against self-incrimination, access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. The book elucidates the relevant assessment criteria employed by the Court and presents a straightforward framework for comprehending the diverse assessment models developed by the Court, such as the Perna test, the Ibrahim criteria, and the sole or decisive rule. Furthermore, it offers a comprehensive overview of the relevant case law, making it an invaluable resource for students, researchers, practitioners, including judges, prosecutors, and lawyers, engaged in the fields of criminal procedure and human rights.

Weight: 520g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032317946