509
views
1
recommends
+1 Recommend
1 collections
    2
    shares
      • Record: found
      • Abstract: found
      • Book: found
      Is Open Access

      Waffengleichheit im Vorverfahren

      monograph
      Carl Grossmann Publishers
      Strafprozessrecht
      Waffengleichheit, Verfahrensfairness, Strafprozess, Strafverteidigung, Vorverfahren, EMRK

      Read this book at

      Buy book Bookmark
          There is no author summary for this book yet. Authors can add summaries to their books on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          The concept of equality of arms is often used in the context of criminal proceedings but is rarely defined clearly. The present work is preparing to give the term an outline. It highlights the historical roots of this important structural principle and shows the goals of equality of arms. The work pays particular attention to the case law of the European Court of Human Rights (ECHR). In the decisive evidence procedure, this requires a procedural balance between the accused person on the one hand and law enforcement authorities on the other. To what extent does Swiss procedural reality - with its postponement of crucial procedural steps in the pre-litigation - meet this demand? Based on empirical data, it is shown that the institutional superiority of law enforcement agencies in the underregulated preliminary proceedings has the potential to objectively restrict the defendant's rights of defense. The author discusses how this problem can be dealt with in a holistic view of the Swiss criminal trial using various variants.

          Related collections

          Author and book information

          Book
          9783941159341
          9783941159358
          15 December 2019
          15 December 2019
          10.24921/2019.94115935
          c59da0a3-e7ad-4ba5-933f-9b77626c040a
          © 2019 Lorenz Garland (Schweiz)

          Published under Creative Commons Attribution 4.0 International ( CC BY 4.0). Users are allowed to share (copy and redistribute the material in any medium or format) and adapt (remix, transform, and build upon the material for any purpose, even commercially), as long as the authors and the publisher are explicitly identified and properly acknowledged as the original source.

          History
          Page count
          Pages: 364
          Funding
          Schweizerischen Nationalfonds zur Förderung der wissenschaftlichen Forschung (SNF) 10BP12_191158

          The datasets generated during and/or analysed during the current study are available from the corresponding author on reasonable request.
          Strafprozessrecht
          The datasets generated during and/or analysed during the current study are available from the corresponding author on reasonable request.

          Comments

          Comment on this book