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This book addresses the European Court of Human Rights' fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal.
On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court's jurisprudence.
Info autore
Helena Morão
is a Criminal Law Professor at the University of Lisbon School of Law where she was awarded her PhD. She is the Deputy Director of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC), the Portuguese research centre specifically focused on criminal law, as well as Deputy Director of the journal Anatomy of Crime, Journal of Law and Crime Sciences. Her main field of research is criminal law from both normative and interdisciplinary perspectives. She is the author of several works on criminal law, including criminal appeal law, and has participated as an expert in various criminal law reforms.
Ricardo Tavares da Silva
is an Invited Assistant in Criminal Law at the University of Lisbon School of Law, where he was awarded his bachelor’s degree. He also has a Master’s degree and a PhD degree in Philosophy from the School of Arts and Humanities of the University of Lisbon. He is especially interested in Normative Theory and in thefoundations of Law, but also in related issues in Philosophy of Action and Philosophy of Mind, Metaphysics and Epistemology, Cognitive Science and Neuroscience. He is a member and executive coordinator of the Research Centre for Criminal Law and Criminal Sciences (CIDPCC).
Riassunto
This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal.
On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.
