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The impact of Salduz in France : making custodial legal advice more effective
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Hodgson, Jacqueline (2013) The impact of Salduz in France : making custodial legal advice more effective. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/08).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=2246764
Abstract
Like many other jurisdictions, France was reluctant to consider the ruling in Salduz v Turkey (2008) as applicable to its own criminal procedure, given the regime of safeguards in place, most notably judicial supervision. However, after defence lawyers litigated successfully in the criminal and appeal courts, as well as the constitutional council (Conseil constitutionnel), in 2011 France was finally obliged to make provision, for the first time, for lawyers to be present during the police interrogation of suspects. This is a significant change in the pre-trial investigation regime. The public prosecutor’s responsibility to oversee the police detention and interrogation of suspects is no longer regarded as justification for the exclusion of defence lawyers from this phase of the investigation. However, although the presence of the lawyer during the garde à vue is a significant improvement to defence rights, there are still concerns that the right can be delayed and that the lawyer's role is constrained to that of passive observer.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 8 April 2013 | ||||
Dates: |
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Number: | Number 2013/08 | ||||
Number of Pages: | 5 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
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