NCJ Number
14691
Date Published
1973
Length
301 pages
Annotation
CRITIQUE OF PROCEDURES IN THE 27 SWISS JURISDICTIONS, EXAMINING STANDARDIZATION, CONSTITUTIONAL JUSTIFICATION, AND CONFORMITY TO THE EUROPEAN HUMAN RIGHTS CONVENTION.
Abstract
PART ONE PROVIDES AN EXAMINATION OF THE PROCEDURES FOR INVESTIGATIVE DETENTION, LEADING TO A SUMMARY OF CRITERIA FOR JUSTIFYING PROCEDURES ON THE BASIS OF CONSTITUTIONAL PRINCIPLES OF BASIC HUMAN RIGHTS. THE DISCUSSION OF DETENTION INCLUDES ITS PRACTICAL EFFECTS ON THE ACCUSED AND ON THE CRIMINAL JUSTICE PROCESS, ITS STATUTORY GROUNDS AND LEGAL LIMITATIONS, FORMAL GUARANTEES AGAINST ITS UNWARRANTED USE, AND THE REQUIREMENT FOR ITS CONSIDERATION AS A FACTOR IN SENTENCING OR COMPENSATION FOR DAMAGES STEMMING FROM UNJUSTIFIED INCARCERATION. ALSO TREATED ARE LEGAL LIMITATIONS REGARDING DETENTION IN THE CASE OF LESSER OFFENSES AND ALTERNATIVE MEASURES SUCH AS BAIL AND BOND. PART TWO DISCUSSES THE RIGHTS OF THE ACCUSED AND HIS LAWYER TO DISCOVERY, FOCUSING ON THE IMPORTANCE OF OBSERVING THESE RIGHTS DURING THE POLICE INVESTIGATION. THE DISCUSSION INCLUDES POLICE LEGAL LIMITATIONS, THE RIGHT TO A PUBLIC DEFENDER, AND THE RIGHT TO ACCESS TO RECORDS OF THE INVESTIGATION. THE AUTHOR CONCLUDES FROM HIS ANALYSIS THAT THE RIGHTS OF THE ACCUSED DURING INVESTIGATIVE DETENTION DO NOT HAVE ADEQUATE LEGAL PROTECTION IN THE SWISS SYSTEM. THE APPENDIX CONTAINS AN OUTLINE OF PREVIOUS AND RECOMMENDED RESEARCH AND RELEVANT PROVISIONS OF THE CODES OF CRIMINAL PROCEDURE. --IN GERMAN