Die Hauptverhandlung als Forum der Wahrheit.
German, Mariana Sacher, 2022Product details
German
A look at global developments leads to the sobering conclusion that the clock has run out on the trial model centred on the main hearing as an expression of the liberal rule of law. The globally victorious abbreviated criminal procedure without a substantive oral and direct main hearing, be it plea bargaining, procedimiento abreviado or plea bargaining, is dependent on a "hunt for the confession" like the common law inquisition process. Looking at the major arcs of reform, plea bargaining returns to the one-sided truth-seeking of the inquisitional process, with the gains of the main trial no longer robbed from the accused by torture, but bought off by the ostensible mitigation of punishment. As a touchstone for global development, the Latin American criminal procedure reforms with the almost immediate transition from the Spanish Inquisition process to an adversarial procedure are critically examined.
English
"The main hearing as a forum of truth. An Analysis with a View on the Criminal Procedure Reforms of Argentina and Mexico": The clock of the main hearing-centred criminal procedure has run down. Abbreviated criminal proceedings without a substantive oral and direct main hearing, whether plea bargaining, procedimiento abreviado or plea bargaining, rely on a "hunt for the confession" like the common law inquisition trial. Material truth falls by the wayside. As a touchstone, recent Latin American criminal procedure reforms are critically examined.
Language | German |
topic | Economy & Law |
Subtopic | Criminal law |
Author | Mariana Sacher |
Number of pages | 441 |
Book cover | Hard cover |
Year | 2022 |
Item number | 38990496 |
Publisher | Duncker & Humblot |
Category | Reference books |
Release date | 27.4.2022 |
topic | Economy & Law |
Subtopic | Criminal law |
Language | German |
Author | Mariana Sacher |
Year | 2022 |
Number of pages | 441 |
Edition | 1 |
Book cover | Hard cover |
Year | 2022 |
CO₂-Emission | |
Climate contribution |
Height | 230 mm |
Width | 150 mm |
Weight | 760 g |
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