Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 1 Archivum Iuridicum Cracoviense

Authors help

  1. 1 Eder-Rieder M. E.

Years help

  1. 1 2004

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  CRIMINAL PROCEEDINGS' EXPEDITION
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

ACCELERATION OF CRIMINAL PROCEEDINGS IN AUSTRIA

100%
Eder-Rieder M. E.
Archivum Iuridicum Cracoviense
|
2004
|
vol. 37-38
95-123
EN
In Austria Art 6 § 1 of the European Convention on Human Rights which entities everyone to a decision 'within a reasonable time' is, on the constitutional level, the basis against unreasonably long proceedings. Although the principle of the expedition itself is not formal!y included in the Austrian Criminal Procedure Code (StPO), certain fixed or variable time limits, or the supervision of judges and prosecutors combined with disciplinary consequences have an accelerating effect. Parties have the possibility to lodge a complaint against judiciary abuses (§ 15 StPO) or to file 'a motion for a time limit' with a court (§ 91 GOG), which has a preventive effect. This system of complaints, supervision and disciplinary measures without the waiver of a fair process clause ensures a reasonable time procedure. The possibility of 'diversion' (§§ 90a ff StPO) enables the prosecutor to withdraw from prosecution under special conditions (i.e. fine, directions on probation, extrajudicial settlement) and is practised in every second case. In future the expedition of criminal proceedings will be formally included in StPO.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.