"This book deals with consensual mechanisms in criminal proceedings analyzed comparatively. In the first place it addresses the common systemic foundations of consensual mechanisms and the observation of most up to date supranational trends in their development. In the second place, through examples of Poland, Germany and Brazil, it presents phenomenon of negotiated justice outside the common law systems. The combination of these two approaches provides a good basis for observation on the general advantages and disadvantages of negotiated justice. It also helps for balancing the optimal extensiveness of its use in the contemporary criminal proceedings"--
This book deals with consensual mechanisms in criminal proceedings analyzed comparatively. In the first place, it addresses the common systemic foundations of consensual mechanisms and the observation of most up-to-date supranational trends in their development. In the second place, it presents phenomenon of negotiated justice outside the common law systems through examples of Poland, Germany and Brazil. The combination of these two approaches provides a good basis for observation on the general advantages and disadvantages of negotiated justice. It also helps for balancing the optimal extensiveness of its use in the contemporary criminal proceedings.
This book deals with consensual mechanisms in criminal proceedings analyzed comparatively. It addresses the common systemic foundations of negotiated justice and most up to date supranational trends in its development. Through examples of Poland, Germany and Brazil it also presents its universal phenomenon outside the common law systems.
Foreword - Theoretical and methodological foundations for consensual
models based on Polish example - Study on general characteristics of
consensual procedures and reform trends - Consensual proposals
recommendations of the European Court of Human Rights - Development of
consensual mechanisms in the Polish criminal proceedings - Institution of
conviction without conducting a trial under Article 335 of the Code of
Criminal Procedure - Voluntary submission to a punishment - Small crown
witness in Polish criminal law - Consensual proceedings Brazilian
perspective - Consensual proceedings German perspective
Szymon Pawelec is an associate professor and head of the Department of International Criminal Procedure at the Faculty of Law and Administration, University of Warsaw. He has authored over seventy publications dealing with criminal law, criminal procedure and commercial law. He is also an attorney with rich professional experience in these areas of law.
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