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The Need For Effective Retrial Procedures In International Criminal Cases

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Chapter Summary

The civil law system may be seen as "judge-driven"; the trial judge plays the leading role at trial, which extends to the examination of witnesses. The term "miscarriage of justice" is associated with an innocent convicted person. Yet the term "miscarriage of justice" is sometimes also canvassed in a broader sense, namely as encompassing cases that resulted in retrial without factual innocence being proven. In most criminal cases that lead to a retrial, the actual perpetrator is not detected. Yet, in these instances, the conviction can still turn out to be unsafe. The criminal justice system is based on the fundamental legal value that an accused is legally presumed innocent until proven guilty. This may contradict the public expectation that most of those charged with criminal offenses are, and will be found to be, guilty.

Keywords: civil law system; criminal cases; criminal justice system; miscarriage of justice; retrial procedures



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