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Fairness in Criminal Appeal

Fairness in Criminal Appeal

A Critical and Interdisciplinary Analysis of the ECtHR Case-Law

by Helena Morao and Ricardo Tavares da Silva
Paperback
Publication Date: 24/03/2023

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This book addresses the European Court of Human Rights' fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal.

On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court's jurisprudence.
ISBN:
9783031130007
9783031130007
Category:
International courts & procedures
Format:
Paperback
Publication Date:
24-03-2023
Publisher:
Springer International Publishing AG
Country of origin:
Switzerland
Pages:
213
Dimensions (mm):
235x155mm
Weight:
0.51kg

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