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NCJ Number: 67748 Find in a Library
Title: PROBLEMS AND TRENDS IN LEGISLATION WITH REGARD TO THE CODE OF CRIMINAL PROCEDURE, PART 1
Journal: KRIMINALISTIK  Volume:32  Issue:11  Dated:(1978)  Pages:514-520
Author(s): R HAUSER
Date Published: 1978
Page Count: 7
Type: Historical Overview
Format: Article
Language: German
Country: Switzerland
Annotation: THE HISTORICAL EVOLUTION AND RECENT DEVELOPMENTS IN THE SWISS CODE OF CRIMINAL PROCEDURE ARE ANALYZED.
Abstract: A HISTORICAL SURVEY OF THE EVOLUTION OF THE SWISS CRIMINAL PROCEDURE SHOWS THE INFLUENCE OF THE LAWS OF OTHER COUNTRIES (ESPECIALLY OF FRANCE), OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS (1950), AND OF NATIONAL COURT DECISIONS. RECENTLY, THE DEVELOPMENT OF THE CODE HAS BEEN INFLUENCED BY TECHNICAL INVENTIONS (E.G., LIE DETECTORS, MASS MEDIA), AND ACTS OF TERRORISM. A PROGRESSIVE STRENGTHENING OF THE DEFENDANTS' RIGHTS AND A CORRESPONDING REDUCTION IN THE POWERS OF CRIMINAL JUSTICE IS ALSO OBVIOUS. THIS TREND IS IN MARKED OPPOSITION TO THE EXPANSION OF OFFENSES IN BOTH NUMBER AND INTENSITY. SPECIFIC DEVELOPMENTS INCLUDE THE INTRODUCTION OF PROFESSIONAL DISTRICT ATTORNEYS TO REPLACE THE PUBLIC PROSECUTORS WHO WERE NOT REQUIRED TO BE LEGAL EXPERTS, AND THE RETENTION OF AN INADEQUATE JURY SYSTEM WHICH SELECTS ITS LAY JURORS BY LOT RATHER THAN BY QUALIFICATION. THE FOLLOWING LEGAL PRINCIPLES ON WHICH THE CRIMINAL CODE IS BASED HAVE BEEN IN THE CENTER OF PUBLIC DISCUSSION: (1) THE LEGALITY PRINCIPLE (THE OBLIGATION TO PROSECUTE ANY OFFENSE) AS OPPOSED TO THE OPPORTUNITY PRINCIPLE (THE PROSECUTOR'S DISCRETION); (2) THE ACCUSATION PRINCIPLE (I.E., THE JUDGE'S OBLIGATION TO ADHERE TO THE WRITTEN ACCUSATION); (3) RESTRICTIONS AGAINST THE WILLFUL ABUSE OF LAW (E.G. THE DEFENSE'S DELAYING TACTICS IN COURT); AND (4) THE ACCELERATION OF THE COURT PROCEDURE. THE ARTICLE INCLUDES THE LEGAL NOTATION OF THE REGULATIONS AND BIBLIOGRAPHICAL INFORMATION IN FOOTNOTES. --IN GERMAN. (SAJ)
Index Term(s): Court rules; Criminal proceedings; Law reform; Switzerland; Trend analysis; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67748

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