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E-raamat: Fair Trial Rules of Evidence: The Case Law of the European Court of Human Rights [Taylor & Francis e-raamat]

(Junior Justice (asessori) in the Vaasa Court of Appeal, Finland)
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"This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law. The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including "the Perna test", "the Ibrahim criteria", and "the sole or decisive rule". The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights"--

This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law.
The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including "the Perna test", "the Ibrahim criteria", and "the sole or decisive rule".
The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights.



This book explores how the European Court of Human Rights approaches evidence and how its judgments affect domestic law. It examines key defence rights such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses.
Preface and acknowledgments viii
Cases ix
Abbreviations xiv
1 Introduction
1(2)
2 The right to a fair trial
3(19)
3 Rules of evidence
22(14)
4 Basic evidentiary rights
36(21)
5 The privilege against self-incrimination
57(39)
6 The prohibition of torture and inhuman or degrading treatment
96(18)
7 The prohibition of entrapment
114(14)
8 Other improperly obtained evidence
128(16)
9 The right to cross-examine prosecution witnesses
144(32)
10 Conclusion
176(1)
Bibliography 177(4)
Index 181
Jurkka Jämsä is a Junior Justice (asessori) in the Vaasa Court of Appeal, Finland.