國立高雄大學圖資館 |

Language: English

Back

The accusation model before the Inte...

International Criminal Court.

The accusation model before the International Criminal Courtstudy of convergence of criminal justice systems /

Record Type:	Electronic resources : Monograph/item
Title/Author:	The accusation model before the International Criminal Courtby Hanna Kuczynska.
Reminder of title:	study of convergence of criminal justice systems /
Author:	Kuczynska, Hanna.
Published:	Cham :Springer International Publishing :2015.
Description:	xiii, 409 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
Subject:	Criminal procedure (International law)
Online resource:	http://dx.doi.org/10.1007/978-3-319-17626-0
ISBN:	9783319176260 (electronic bk.)

The accusation model before the International Criminal Courtstudy of convergence of criminal justice systems /
Kuczynska, Hanna.

The accusation model before the International Criminal Courtstudy of convergence of criminal justice systems /[electronic resource] :by Hanna Kuczynska. - Cham :Springer International Publishing :2015. - xiii, 409 p. :ill., digital ;24 cm.

The procedure before international criminal tribunals -- Prosecutor as an organ of international criminal tribunals -- Initiation of an investigation -- Judicial control of an accusation -- Obligations of the prosecutor related to the accused's right to information -- Influence of the prosecutor on the consensual termination of criminal proceedings -- Powers of the prosecutor before the Trial Chamber -- Powers of the prosecutor in the appeal proceedings -- Conclusion.

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor's independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor's discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor's choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

ISBN: 9783319176260 (electronic bk.)

Standard No.: 10.1007/978-3-319-17626-0doiSubjects--Corporate Names:

271932
International Criminal Court.
Subjects--Topical Terms:

353653
Criminal procedure (International law)

LC Class. No.: KZ7360

Dewey Class. No.: 345.05

The accusation model before the International Criminal Courtstudy of convergence of criminal justice systems /
LDR:03150nmm a2200313 a 4500 001 469130
003 DE-He213
005 20151231112241.0
006 m d
007 cr nn 008maaau
008 160118s2015 gw s 0 eng d
020 $a 9783319176260 (electronic bk.)
020 $a 9783319176253 (paper)
024 7 $a 10.1007/978-3-319-17626-0 $2 doi
035 $a 978-3-319-17626-0
040 $a GP $c GP
041 0 $a eng
050 4 $a KZ7360
072 7 $a LBBZ $2 bicssc
072 7 $a LAW051000 $2 bisacsh
082 0 4 $a 345.05 $2 23
090 $a KZ7360 $b .K95 2015
100 1 $a Kuczynska, Hanna. $3 724994
245 1 4 $a The accusation model before the International Criminal Court $h [electronic resource] : $b study of convergence of criminal justice systems / $c by Hanna Kuczynska.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2015.
300 $a xiii, 409 p. : $b ill., digital ; $c 24 cm.
505 0 $a The procedure before international criminal tribunals -- Prosecutor as an organ of international criminal tribunals -- Initiation of an investigation -- Judicial control of an accusation -- Obligations of the prosecutor related to the accused's right to information -- Influence of the prosecutor on the consensual termination of criminal proceedings -- Powers of the prosecutor before the Trial Chamber -- Powers of the prosecutor in the appeal proceedings -- Conclusion.
520 $a This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor's independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor's discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor's choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
610 2 0 $a International Criminal Court. $3 271932
650 0 $a Criminal procedure (International law) $3 353653
650 0 $a Prosecution (International law) $3 652594
650 1 4 $a Law. $3 207600
650 2 4 $a International Criminal Law. $3 558688
650 2 4 $a Sources and Subjects of International Law, International Organizations. $3 558750
650 2 4 $a Private International Law, International & Foreign Law, Comparative Law. $3 530877
650 2 4 $a International Humanitarian Law, Law of Armed Conflict. $3 558689
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer eBooks
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-17626-0
950 $a Humanities, Social Sciences and Law (Springer-11648)