European Perspectives on Pre-Trial Detention

ISBN-13: 9780367747268 / Twarda / 2023 / 360 str.

Opis

Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.

Recenzje

"Limiting pre-trial detention is a vital step towards reducing prison populations significantly, while recognising that unconvicted persons should never be incarcerated unnecessarily. This excellent book combines comparative studies of European pre-trial detention with in-depth analyses of their findings. It is an invaluable resource for penal reformers and students of criminal justice."　　

Dirk van Zyl Smit, Emeritus Professor of Comparative and International Penal Law, University of Nottingham

"This volume offers a comprehensive overview of the current empirical and legal issues surrounding pre-trial detention in Europe. The edition builds on more than a decade of research on remand detention across several European jurisdictions. Contributions are written by a stellar line up of experts, dealing with topics as diverse as human rights in remand proceedings and the practice of pre-trial decision-making. This book should be read by anyone who wishes to acquire valuable suggestions and develop operational strategies on how to reduce the use of pre-trial detention and expand the resort to its alternatives."

Adriano Martufi, Assistant Professor of Criminal Law, University of Pavia/Leiden University

"Pre-trial detention is a highly problematic penal practice. However, little is still known about its rationales and use across Europe. This book fills therefore an important gap in penological comparative scholarschip. It is an excellent example of a multi-national, multi-lingual and multi-cultural qualitative comparative research on pre-trial detention, based on unique empirical data, combined with a theoretical and human rights approach."

Kristel Beyens, Professor of Criminology and Penology, Vrije Universiteit Brussel

"Pre-trial detention for a long time has been neglected in research. The present book is an outstanding example of comparative criminal justice research covering legal and international human rights aspects as well as an empirical stock-taking of the use of pre-trail detention in Europe. The core question how to limit and to avoid deprivation of liberty of formally innocents is developed by a comprehensive comparison of eight European countries revealing the variations and similarities of problems in different legal cultures and jurisdictions. It deserves the utmost attention of the scientific community and of practitioners interested in criminal procedure and 　penal policy based on empirical evidence."

Prof. emeritus Dr. Frieder Dünkel, University of Greifswald, Germany　

Spis treści

List of contributors  Acknowledgments  1. Pre-trial detention in Europe – a means of last resort? An Introduction  2. Pre-trial Detention in Austria – a Preventive Approach  3. Well-meant is not always well-done – Pre-trial detention in Belgium  4. A systemic approach to reducing custodial remands: the experience of England and Wales.  5. Pre-trial detention in Germany – A liberal approach, but not for all  6. Pre-trial Detention in Ireland: Emphasising Alternatives?  7. Pre-trial detention in Lithuania – transition in legal culture and pre-trial detention trends  8. Pre-trial detention in the Netherlands: Absolutely low, relatively high  9. Pre-trial detention in Romanian– improvements and shortcomings  10. The basis for decision-making: Legal grounds, factual motives and influential factors  11. Actors, roles and responsibilities in the pre-trial detention decision-making process  12. Dilemmas in the use of alternatives to pre-trial detention in prison  13. Foreign Nationals in pre-trial detention: a neglected and urgent challenge  14. European Aspects – Human Rights, Cross-Border Policy and Guidance for a responsible use of Pre-trial Detention  15. Pre-trial detention as ultima ratio - European practice: between aspiration and reality  Index

O autorze

Christine Morgenstern is Professor for Criminal Law and Legal Gender Studies at Freie Universität Berlin, Germany.

Walter Hammerschick is Deputy Head and Senior Researcher at the Department for Applied Sociology of Law and Criminology of the University of Innsbruck, located in Vienna, Austria.

Mary Rogan is Associate Professor at the School of Law, Trinity College Dublin, Ireland.