The article analyzes the Principle of equality of arms in the context of the pre-trial investigation in the French Legal System with particular attention to the right of defense to conduct private investigation. It analyzes with particular attention: the historical evolution of the French law of criminal procedure; the relationship between the criminal procedure and the s.c. "Bloc de constitutionnalité"; the influence of ECHR; the essential features of the system of criminal procedure; and the rights of the prosecution and defence during the "enquete preliminaire".
Lost in traslation: the penetration of the principle of equality of arms into the French law of criminal procedure
MOSTACCI, EDMONDO
2011
Abstract
The article analyzes the Principle of equality of arms in the context of the pre-trial investigation in the French Legal System with particular attention to the right of defense to conduct private investigation. It analyzes with particular attention: the historical evolution of the French law of criminal procedure; the relationship between the criminal procedure and the s.c. "Bloc de constitutionnalité"; the influence of ECHR; the essential features of the system of criminal procedure; and the rights of the prosecution and defence during the "enquete preliminaire".
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