Towards a System of European Criminal Justice

Ryan, Andrea

doi:10.4324/9781315770031

Cited by 11 publications

(5 citation statements)

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“…The dominant mode for comparison of Anglo-American criminal procedure with its Continental European counterpart is by juxtaposing them as accusatorial and inquisitorial models. Commentators often use the term ‘accusatorial’ side by side with ‘adversarial’ or even use the two terms interchangeably (for a detailed discussion of this point see Ryan, 2014: 67). The tendency amongst Polish commentators is to use the term ‘adversarial’, as a translation of the word used by the ECtHR in Polish cases, kontradyktoryjność .…”

Section: Partmentioning

confidence: 99%

“…Given its influence, the development and main features of the Napoleonic Code will be briefly outlined (for a fuller account, see: Ryan, 2014: 51ff). Criminal procedure in France is rooted in an inquisitorial tradition.…”

Section: Partmentioning

confidence: 99%

“…Gradually the use of the jury in all trials was limited to serious offences tried in the Cour d’Assises . While the Napoleonic Code retained the jury in the original format first established by the Revolutionary laws, whereby the jury reached their verdict unassisted by the judge, over the course of the following century the practice of a mixed bench developed (Ryan, 2014: 64). In short, concepts of an examining investigative judge, secrecy of proceedings with an emphasis on written depositions, active participation by judges in examining the accused and witnesses, together with the idea of judges seeking further proof of their own motion, were the dominant features in the French legal culture, and these features gradually permeated the laws of the rest of Continental Europe.…”

Section: Partmentioning

confidence: 99%

“…Like Italy, the accused is a source of information during the pre-trial stage. This is in sharp distinction to his Irish counterpart, who may be questioned during the short window of time that he may be detained in police custody, 44 and may not be questioned by any authority after that time—including at trial unless he decides to give evidence (see Ryan, 2014: 88). Another investigative method that may be carried out during the pre-trial stage is a confrontation.…”

Section: Initiation Of the Criminal Processmentioning

confidence: 99%

“…There are no lengthy legal submissions arguing for or against its admissibility. The admissibility question in the Polish and Italian trial is simply to settle what information the judge is prepared to hear in the trial, but it does not settle whether it may be finally judged ‘usable’ in the evaluation of the evidence (see Ryan, 2014: 218).…”

Section: Initiation Of the Criminal Processmentioning

confidence: 99%

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Comparative procedural traditions

Ryan

2016

The International Journal of Evidence & Proof

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Diverse criminal procedural traditions across Europe are undergoing a process of being drawn to gether by two strong forces: the EU Area of Freedom, Security and Justice and the European Court of Human Rights. Increasingly, Member States are reforming their criminal procedural systems to take account of the developments in both arenas. Since 2003, Poland has been amending its Code of Criminal Procedure in an effort to make it more ‘adversarial’. A recent reform, the strongest move yet towards developing an adversarial system, came into force in July 2015. The 2015 reform introduces procedures that look adversarial. The reforms in this jurisdiction, and indeed those of other Member States, towards a more ‘adversarial’ system challenge us (again!) to examine what we understand by ‘adversarial’, whether it is understood differently from the common law perspective versus the Continental (so-called ‘inquisitorial’) perspective and whether, if so, the convergence of procedural traditions is more imagined than real. The article will approach this question taking Poland as an example, drawing comparisons between its approach and that of Italy, and using Ireland as exemplar of the common law adversarial procedural tradition. It traces the reforms to Poland’s criminal procedure and questions whether it can really be described as ‘adversarial’.

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Section: Partmentioning

confidence: 99%

Section: Partmentioning

confidence: 99%

Section: Partmentioning

confidence: 99%

Section: Initiation Of the Criminal Processmentioning

confidence: 99%

Section: Initiation Of the Criminal Processmentioning

confidence: 99%

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