Full Description
The following monograph is the culmination of the collaborative efforts of dedicated researchers within the Effective Justice International and Comparative Approaches Platform.
The book captures works on the effectiveness of evidentiary issues, summary and abbreviated proceedings, as well as those related to the issue of access to an effective remedy. The common theme throughout the collection is the concept of effectiveness. Within the framework of the EJ Platform, effectiveness was the primary focus, and its meaning was outlined against the background of other closely related terms such as efficacy, effectivity, or efficiency. The effectiveness presented in this collection's chapters is seen in a multi-layered dimension related to the achievement of the goals inherent to a given procedure, institution, or process activity.
Contents
Introduction
Editorial Prof. UAM dr hab. Barbara Janusz-Pohl
PART I: SPECIAL, ABBREVIATED PROCEDURE AND EVIDENCE
I. Between efficiency urges and expectations of justice in the Italian system. Deflation profiles of case dismissal for particular tenuity of the criminal act and for oblation Prof. Chiara Gabrielli; Dr Andrea Zampini
II. Restorative Justice in Croatia: A Potential for an Effective Criminal Justice System Prof. Aleksandar Maršavelski
III. Mediation in Criminal Proceedings as a Potentially Effective Tool for Restorative Justice Prof. US dr hab. Magdalena Kowalewska-£ukuæ
IV. Life Path Lessons of Children in Closed Childcare Institution Service in Estonia: Experiences and Practices Related to Interprofessional Collaboration-Based Support Dr Koidu Saia
V. Proceed with caution? Human rights concerns arising from the use of out-of-court disposals to improve efficiency in the criminal justice system Dr. Stephen Terrett
VI. Procedural treatment of prohibited evidence: its evolution in Spain Prof. Dr. Dr.h.c. Juan-Luis Gómez Colomer; Prof. Dr. Andrea Planchadell Gargallo; Dr. Christa M. Madrid Boquín
VII. The use of spy software as a means of obtaining evidence in criminal investigations and the need of effective remedies to safeguard fundamental rights: the case of Portugal Eduardo Bolsoni Riboli
VIII. Crimes of Harmful Consequences and Artificial Intelligence: Causation at the Bar Dr Federico C. La Vattiata
IX. Detection of usage deepfake technology in evidentiary proceedings on the ground of the Polish Code of Criminal Procedure Marcin Galiñski,
X. Message Applications Mirroring, Jurisprudential Interpretation, and the Challenging Chain of Custody in a Criminal Case Rodrigo da Silva Brandalise; Décio Alonso Gomes
PART II: SYSTEMS OF EFFECTIVE REMEDIES
I. The right to an effective remedy in the light of the length of the proceedings in the Polish criminal process according to the jurisprudence of the ECtHR dr hab. Szymon Pawelec, prof. UW
II. Fair trial rights violations and effective remedies in criminal proceedings—The ECHR perspective Dr Lorenzo Bernardini
III. Non-appealable nature of evidentiary decisions in appeal proceedings in Polish criminal trial from the perspective of the right to an effective remedy under Art. 13 ECHR Dr Aleksandra Komar-Nalepa
IV. Evidentiary misbehaviors and their consequences Dr Emanuele Toma
V. Securing Effective Collection of Evidence: An Overview of Various Approaches to Interrogation Techniques Micha³ Wawrzyñczak
VI. Effective Remedies for the Violation of Cultural Human Rights under International Law Dr Katarzyna Zombory