The book contains a collection of works connected with the effectiveness of criminal law. Mainly comparative approaches are presented with some touches of international law. Among the topics, the crucial part is to connect with the shortness and abbreviated procedures as well as evidence and, on the other hand, the systems of effective remedies.
The following monograph is the culmination of the collaborative efforts of dedicated researchers within the Effective Justice International and Comparative Approaches Platform.
The book captures works on the effectiveness of evidentiary issues, summary and abbreviated proceedings, as well as those related to the issue of access to an effective remedy. The common theme throughout the collection is the concept of effectiveness. Within the framework of the EJ Platform, effectiveness was the primary focus, and its meaning was outlined against the background of other closely related terms such as efficacy, effectivity, or efficiency. The effectiveness presented in this collection's chapters is seen in a multi-layered dimension related to the achievement of the goals inherent to a given procedure, institution, or process activity.
Introduction
Editorial Prof. UAM dr hab. Barbara Janusz-Pohl
PART I: SPECIAL, ABBREVIATED PROCEDURE AND EVIDENCE
I. Between efficiency urges and expectations of justice in the Italian
system. Deflation profiles of case dismissal for particular tenuity of the
criminal act and for oblation Prof. Chiara Gabrielli; Dr Andrea Zampini
II. Restorative Justice in Croatia: A Potential for an Effective Criminal
Justice System Prof. Aleksandar Maravelski
III. Mediation in Criminal Proceedings as a Potentially Effective Tool for
Restorative Justice Prof. US dr hab. Magdalena Kowalewska-£ukuæ
IV. Life Path Lessons of Children in Closed Childcare Institution Service in
Estonia: Experiences and Practices Related to Interprofessional
Collaboration-Based Support Dr Koidu Saia
V. Proceed with caution? Human rights concerns arising from the use of
out-of-court disposals to improve efficiency in the criminal justice system
Dr. Stephen Terrett
VI. Procedural treatment of prohibited evidence: its evolution in Spain Prof.
Dr. Dr.h.c. Juan-Luis Gómez Colomer; Prof. Dr. Andrea Planchadell Gargallo;
Dr. Christa M. Madrid Boquín
VII. The use of spy software as a means of obtaining evidence in criminal
investigations and the need of effective remedies to safeguard fundamental
rights: the case of Portugal Eduardo Bolsoni Riboli
VIII. Crimes of Harmful Consequences and Artificial Intelligence: Causation
at the Bar Dr Federico C. La Vattiata
IX. Detection of usage deepfake technology in evidentiary proceedings on the
ground of the Polish Code of Criminal Procedure Marcin Galiñski,
X. Message Applications Mirroring, Jurisprudential Interpretation, and the
Challenging Chain of Custody in a Criminal Case Rodrigo da Silva Brandalise;
Décio Alonso Gomes
PART II: SYSTEMS OF EFFECTIVE REMEDIES
I. The right to an effective remedy in the light of the length of the
proceedings in the Polish criminal process according to the jurisprudence of
the ECtHR dr hab. Szymon Pawelec, prof. UW
II. Fair trial rights violations and effective remedies in criminal
proceedingsThe ECHR perspective Dr Lorenzo Bernardini
III. Non-appealable nature of evidentiary decisions in appeal proceedings in
Polish criminal trial from the perspective of the right to an effective
remedy under Art. 13 ECHR Dr Aleksandra Komar-Nalepa
IV. Evidentiary misbehaviors and their consequences Dr Emanuele Toma
V. Securing Effective Collection of Evidence: An Overview of Various
Approaches to Interrogation Techniques Micha³ Wawrzyñczak
VI. Effective Remedies for the Violation of Cultural Human Rights under
International Law Dr Katarzyna Zombory
Barbara Janusz-Pohl is a professor at the Department of Criminal Procedure and the Director of the Legal Clinics Laboratory at the Faculty of Adam Mickiewicz University in Poznañ. She is the author of more than 100 works, including several monographs and many papers published in distinguished scientific journals. She is a specialist in criminal procedure, although interdisciplinary research is of apivotal meaning among her works. In this sense, many general philosophical and methodological approaches combined with concrete problems of criminal law have been researched.
