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Error and negligence on the part of defence counsel: a comparative study

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Title Error and negligence on the part of defence counsel: a comparative study
Period 09 / 2007 - 09 / 2011
Status Current
Dissertation Yes
Research number OND1331940
Data Supplier Website ORM

Abstract

This research is concerned with establishing the legal consequences of error or negligence of counsels for defendants in the Dutch criminal procedure and as a consequence thereof the required role and function of the criminal defence counsel. In a four-step outline this research aims at (1) pinpointing developments towards adversariality and/or the keeping of more traditional inquisitorial roles of participants in the Dutch criminal procedure, (2) examining consequences of this development for the position of the court, the prosecution, the defence, and the victim, (3) establishing the possibilities of the defence to fulfil - if so- increasing responsibilities as a participant, and (4) to establish whether the defendant has, or should have, the possibility to refute his counsel's error or negligence.

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Classification

A83000 Legal order
D41300 Criminal (procedural) law and criminology

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