LEADER 05243nam 22006135 450 001 9910410025303321 005 20200704192008.0 010 $a3-030-43123-1 024 7 $a10.1007/978-3-030-43123-5 035 $a(CKB)5280000000218725 035 $a(MiAaPQ)EBC6225696 035 $a(DE-He213)978-3-030-43123-5 035 $a(PPN)248596853 035 $a(EXLCZ)995280000000218725 100 $a20200610d2020 u| 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 14$aThe Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings $eA Comparative View /$fedited by Lorena Bachmaier Winter, Stephen C. Thaman, Veronica Lynn 205 $a1st ed. 2020. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2020. 215 $a1 online resource (440 pages) 225 1 $aIus Comparatum - Global Studies in Comparative Law,$x2214-6881 ;$v44 311 $a3-030-43122-3 327 $aRight to Counsel and Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Japan -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Germany -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Italy -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Portugal -- Confidentiality of Attorney-Client Communications in China?s Criminal Justice System -- The Right to Counsel within Criminal Proceedings in Switzerland -- Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in Poland -- Confidentiality of Attorney-Client Communications in the United States -- Confidentiality of correspondence with Counsel as a Requirement of a Fair Trial in Spain -- The Lawyer-Client Privilege in the Case-lLw of the ECtHR -- Protecting Confidentiality of Lawyer-Client Communications Worldwide. Comparative Study. 330 $aThe book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer?s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field ? from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings. 410 0$aIus Comparatum - Global Studies in Comparative Law,$x2214-6881 ;$v44 606 $aPrivate international law 606 $aConflict of laws 606 $aInternational criminal law 606 $aCriminal justice, Administration of 606 $aPrivate International Law, International & Foreign Law, Comparative Law $3https://scigraph.springernature.com/ontologies/product-market-codes/R14002 606 $aInternational Criminal Law $3https://scigraph.springernature.com/ontologies/product-market-codes/R19040 606 $aCriminal Justice$3https://scigraph.springernature.com/ontologies/product-market-codes/1BB010 615 0$aPrivate international law. 615 0$aConflict of laws. 615 0$aInternational criminal law. 615 0$aCriminal justice, Administration of. 615 14$aPrivate International Law, International & Foreign Law, Comparative Law . 615 24$aInternational Criminal Law . 615 24$aCriminal Justice. 676 $a347.706 702 $aBachmaier Winter$b Lorena$4edt$4http://id.loc.gov/vocabulary/relators/edt 702 $aThaman$b Stephen C$4edt$4http://id.loc.gov/vocabulary/relators/edt 702 $aLynn$b Veronica$4edt$4http://id.loc.gov/vocabulary/relators/edt 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910410025303321 996 $aThe Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings$92201470 997 $aUNINA