Latest blog articles with tag Criminal Law

  • law_blog_by_anna_pivaty

    Suspects' privilege against self-incrimination not violated when made to unlock smartphone with fingerprint, Dutch Supreme Court rules

    11 March 2021
    On the 9 th of February, the Dutch Supreme Court ruled that forcing suspects to provide access to their smartphone with a fingerprint is not a breach of the privilege against self-incrimination. The case originated from an ex officio appeal ‘in the interest of the law’ in a case of the Court of North Holland. Appeals ‘in the interest of the law’ are introduced by the Prosecutor-General to encourage the Supreme Court to provide clarification of important legal principles.
  • LAW_pilate washing his hands_blog by Chrisitina Peristeridou

    Pilate washing his hands, the CJEU on pre-trial detention

    11 December 2019
    The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) came to verify two quite depressing suspicions about the current status of European criminal law. First, Directive 2016/343 on the presumption of innocence remains an instrument with staggeringly limited applicability especially in the field of pre-trial detention. Second, pre-trial detention stands as a political and legal hot potato: neither the CJEU nor the EU legislator are eager to provide common standards on pre-trial detention, even if the lack of these standards is partly to blame...
  • Law_blog_Anna_Pivaty Criminal defence

    Looking beyond legal traditions towards practical effective legal assistance

    6 December 2019
    National laws or ‘legal traditions’ are not the main obstacle to realising the ideal of ‘effective legal assistance’ embedded in the EU procedural rights’ Directives. The resistance to realising this ideal originates mainly from the professional cultures of relevant actors, including criminal defence lawyers, and the contemporary discourses of managerialism, efficiency and, as of lately, austerity.
  • Blog OJ Simpson - reasonable doubt

    If the glove does not fit, you must acquit

    29 April 2019
    Those of you who were old enough to follow news headlines in the 90’s will probably remember this quote. For those of you who don’t: it is a famous phrase used by the defence team of O.J. Simpson in an – as would later turn out: successful – attempt to convince the jury of O.J.’s innocence.
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