The principle of "equality of arms" in criminal procedure under Article 6 of the European Convention on Human Rights and its functions in criminal justice of selected European countries : a comparative view /
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| Author / Creator: | Wąsek-Wiaderek, Małgorzata. |
|---|---|
| Imprint: | Leuven : Leuven University Press, 2000. |
| Description: | 59 p. ; 24 cm. |
| Language: | English |
| Series: | Leuven law series ; 13 |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/4390594 |
Table of Contents:
- 1. The general concept of "due process of law" and its application in the continental and English legal system
- 1.1. "Due process" in common law countries
- 1.2. German concept of "fair trial"
- 1.3. The concept of "fair trial" in the Polish legal system
- 2. The principle of "equality of arms" as a significant element of the notion of "fair trial" developed by the European Court of Human Rights
- 2.1. The formal scope of application of the concept of "fair trial"
- 2.2. Relationship between Article 6 paragraph 1 and the standard of minimum guarantees provided for the accused person in Article 6 paragraphs 2 and 3 of the Convention
- 2.3. "Equality of arms" under Article 6 of the Conventions
- 3. The principle of "equality of arms" and the rights of witnesses in criminal procedure
- 3.1. The notion of an anonymous witness
- 3.2. The European Court on anonymous witnesses
- 4. "Equality of arms" in different models of criminal procedure in Europe
- 4.1. The scope of application of the principle in adversary criminal justice in common law countries
- 4.2. Criminal procedure and the principle of "equality of arms" in Poland and Germany
- 4.3. "Equality of arms" - philosophical concept or reality?
- 5. Conclusions - the case law related to Article 6 of the European Convention on Human Rights as creation of a new standard or rights in criminal procedure.