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ACCELERATION OF CRIMINAL PROCEEDINGS FROM COMPARATIVE POINT OF VIEW. AN ATTEMPT AT GENERALIZATION

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Goessel K. H., Waltos S.

Archivum Iuridicum Cracoviense

2004

vol. 37-38

5-18

Nine reports from Argentina, Austria, Germany, Italy, Japan, Poland, Russia, Spain and Switzerland have become the basis for the generalization. All European countries are parties to the European Convention on Human Rights, but only in Austria its provisions equal the rank of constitutional norms. The jurisprudence of the Human Rights Tribunal in Strasburg influences strongly the legislation and practice in all countries. Also the constitutions of some countries provide for the obligation to avoid the excessive lengthiness of the proceedings. In all countries there are rules which aim at the elimination of the problem. The particular reports present them exhaustively. They also speak about factors which actually affect the rapidity of a process and well-known in all countries special procedures which involve reduction of formalities (e.g. penal order procedures, simplified procedures) as well as agreements which expedite the final decision. It is clearly evident from the reports that fighting the excessive lengthiness of proceedings has become one of the main tasks of penal policy in the world, both on national and international level.

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1 Archivum Iuridicum Cracoviense

1 2004

1 Goessel K. H.

1 Waltos S.

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ACCELERATION OF CRIMINAL PROCEEDINGS FROM COMPARATIVE POINT OF VIEW. AN ATTEMPT AT GENERALIZATION