The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings (eBook)

A Comparative View
Artikelnummer: 978-3-030-43123-5
Einband: PDF
Verfügbarkeit: Download, sofort verfügbar (Link per E-Mail)
CHF 201.00
decrease increase

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA.

The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer's discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level.

Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field - from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.




The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA.

The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer's discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level.

Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field - from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.




Schreiben Sie Ihre eigene Bewertung
  • Nur registrierte Benutzer können Produkte bewerten
*
*
Schlecht
Sehr gut
*
*
*
*
VerlagSpringer International Publishing
EinbandPDF
Erscheinungsjahr2020
Seitenangabe440 S.
AusgabekennzeichenEnglisch
AbbildungenVI, 440 p. 2 illus., 1 illus. in color.
Masse5'372 KB
PlattformPDF
ReiheIus Comparatum - Global Studies in Comparative Law; Law and Criminology; Law and Criminology
AutorBachmaier Winter, Lorena (Hrsg.) / Thaman, Stephen C. (Hrsg.) / Lynn, Veronica (Hrsg.)

Alle Bände der Reihe "Ius Comparatum - Global Studies in Comparative Law; Law and Criminology; Law and Criminology (R0)"

Über den Autor Lorena (Hrsg.) Bachmaier Winter

Lorena Bachmaier Winter is Full Professor at the Complutense University in Madrid, Department of procedure and criminal law since 1996. She has written extensively in the area of litigation, fair trial rights, justice systems and procedure published in more than seven languages. She is regular speaker in international conferences. She is a member of the most relevant international academic associations, as AIDP, the IACL or the European Law Institute, and member of the editorial board of numerous law reviews. She has been visiting professor or researcher in foreign institutes and universities as, for example, the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg Institute for Advanced Studies (FRIAS) or the Universities of Berkeley, Harvard and Stanford (USA). Her present research is focused on comparative criminal procedure, rule of law and judicial independence, human rights and procedure, and the EU process of legal harmonization. Her last book published with Springer within this collection was "The European Public Prosecutor. The challenges ahead", 2018.She also works regularly as an international legal expert for the Council of Europe and other international organizations in legal reforms in Eastern European countries and also in Central and was chair of the committee on Transnational Organized Crime of the Council of Europe in 2013-2014. Since 2022 she is member of the Expert Group on Criminal Policy of the European Union Commission.Stefano Ruggeri is doctor juris at Sant'Anna School of Advanced Studies of Pisa. Currently, he is Full Professor at the Law Department of Messina University, holding the chair of Italian, European and Transnational Criminal Justice. He is member of the editorial and advisory boards of various national and international journals (La Legislazione penale, Revista brasileira de direito processual penal, Revista de la Asociación de Profesores deDerecho Procesal de las Universidades Españolas), as well as the editorial board of the Book Series Procedura penale (Giappichelli) and Editor in Chief of the Book Series Legal Studies in International, Comparative and European Criminal Law (Springer International Publishing). He is was awarded a Humboldt-Fellowship for experienced researchers, carrying out his researches at the Max-Planck Institute of Foreign and International Criminal Law (Freiburg i.Br.). His main research areas encompass, inter alia, general theory of law, evidence law, transnational criminal justice, comparative criminal law, and European criminal justice.

Weitere Titel von Lorena (Hrsg.) Bachmaier Winter

Produktbewertungen
Nur registrierte Benutzer können Produkte bewerten