欧盟刑事诉讼法中嫌疑人和被告人诉讼权利的规制

M. Matić-Bošković
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引用次数: 2

摘要

近二十年来,欧盟加强了对具体刑法事项的实质性和程序性规定。虽然欧盟是在欧洲委员会及其文书的基础上建立起来的,但1992年通过的《马斯特里赫特条约》和1997年通过的《阿姆斯特丹条约》表明,欧盟将加强这一领域的立法活动。欧盟立法者的工作重点是保护欧盟利益、改善安全以及加强刑事事务方面的警察和司法合作。与此同时,法院的判例法和法律文书正在形成刑事案件中相互承认的原则。相互承认的前提是相互信任,以确保对外决策的顺利实施。此外,有必要制定保护嫌疑犯和被告权利的最低标准,作为公平审判的要素之一。在最初的失败之后,成员国于2010年就加强刑事诉讼程序权利的斯德哥尔摩计划和路线图达成一致。根据路线图,2010-2016年期间通过了六项指令,规定了嫌疑人和被告的具体权利。本文分析了指令的适用范围,并对法院的判例法进行了分析。指令的采纳对于建立立法框架至关重要,但成员国有义务对指令进行转换并在实践中实施。今后应评估这些指令对被告和嫌疑人权利的影响。
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Regulation of procedural rights of suspect and accused person in the European Union acquis
Last two decades EU intensifies regulation of specific criminal law matters, both substantive and procedural. Although the EU was relay on Council of Europe and its instruments, adoption of Maastricht Treaty in 1992 and Amsterdam Treaty in 1997 reveal the fact that the EU will intensify legislative activities in this area. EU legislator was focused on protection of EU interests, improvement of security and strengthening of police and judicial cooperation in criminal matters. In parallel, the Court of Justice case law and legal instruments were shaping principle of mutual recognition in criminal matters. Preconditions for mutual recognition is mutual trust, to ensures smooth implementation of foreign decisions. In addition, it was necessary to develop minimal standards for protection of suspects and accused rights, as one of the elements of fair trial. After initial failure, in 2010 member states agreed on Stockholm program and Roadmap on strengthening of procedural rights in criminal proceedings. In line with Roadmap, during 2010-2016 six directives were adopted that regulates specific rights of suspect and accused persons. In the article, author analyses scope of directives, as well as case law of Court of Justice. Adoption of directives is important for establishment of legislative framework, but member states have obligation to transpose directives and implement them in practice. Effects of the directives on rights of accused and suspect should be assessed in the future.
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来源期刊
自引率
0.00%
发文量
17
审稿时长
12 weeks
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