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The Influence of the European Convention on Human Rights on Judicial Independence in Criminal Procedural Law in Switzerland

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Chapter Summary

In the beginning of the seventies of the last century Switzerland entered a period of big and fundamental changes in the field of law. This chapter illustrates the interaction of opinions and decisions between the European Court of Human Rights and the Swiss Federal Court over questions of Judicial Independence in the field of criminal procedural law by means of analyzing a number of judgments of these courts. In the field of criminal procedural law the guaranties of Section I Art. 5 and Art. 6 of the European Convention are of great importance. Under the influence of the Jurisprudence of the European Court of Human Rights many Swiss Cantons as well as many European countries had to change their Constitution of the Courts acts to fulfill the requirements of the Convention and to take a step forward and away from their inquisitorial tradition.

Keywords: criminal procedural law; European Convention; human rights; judicial independence; Swiss Federal Court



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