Pre-Trial Detention. An Investigation from the Perspectives of Legal Doctrine, Criminology, Comparative Law and European Law
Die Untersuchungshaft. Eine Untersuchung unter rechtsdogmatischen, kriminologischen, rechtsvergleichenden und europarechtlichen Aspekten
The purpose of pre-trial detention is to secure the criminal proceedings, but it conflicts with the suspect’s right to freedom and the presumption of innocence.
This study has three aims. It is the first to provide a comprehensive analysis of European standards and initiatives on pre-trial detention at the level of the Council of Europe (especially the case law of the European Court of Human Rights) and at the level of the European Union.
The second aim is to shed light on the law as it is set out in legislation and the law in action (practice) of pre-trial detention in Germany and other European countries. The study discusses the degree of convergence with the European standards and consequences for national criminal policy.
Thirdly, it answers the question as to whether there are common European convictions on the subject of pre-trial detention and to what extent this affects cross-border collaboration and the rights of those affected.
The book was written by Prof. Dr Christine Morgenstern, former staff member at the Chair of Criminology in Greifswald and current Chair of Criminology at the Ruhr University Bochum.
