Access to Justice and Procedural Guarantees Presentations from the Seminars on Legal Aid for Judges and Prosecutors. Jordan 2022-2023

Índice:
- THEORY OF DUE PROCESS IN CONSTITUTIONS: FUNDAMENTAL PROCEDURAL RIGHTS. Por José Antonio Morales Mateo
I. PROCEDURAL GUARANTEES
II. CONSEQUENCES OF ENSHRINING DUE PROCESS IN A CONSTITUTION
III. FAIR TRIAL
IV. THE RIGHT TO AN IMPARTIAL JUDGE
V. OTHER PROCEDURAL GUARANTEES
VI. THE RIGHT TO DEFENCE AND EFFECTIVE JUDICIAL PROTECTION
VII. THE RIGHT TO FREE LEGAL AID
VIII. THE RIGHT TO A PUBLIC TRIAL WITHOUT UNDUE DELAY AND WITH ALL GUARANTEES

- DUE PROCESS. PRINCIPLES OF CRIMINAL PROCEDURE. Por José María Asencio Gallego
I. GENERAL CONSIDERATIONS ABOUT CRIMINAL PROCEDURE IN A STATE GOVERNED BY THE RULE OF LAW
II. THE ACCUSATORY MODEL IN CRIMINAL PROCEDURE
III. THE SYSTEM OF FUNDAMENTAL RIGHTS IN CRIMINAL PROCEEDINGS

- RULE OF LAW AND OPPORTUNITY. Por María Herrero Pinilla
I. INTRODUCTORY APPROACH. LEGALITY VERSUS OPPORTUNITY
II. DEFINITION OF THE RULE OF LAW: FOUNDATIONS, GUARANTEES AND CRISIS OF THE RULE OF LAW
III. DEFINITION OF THE DISCRETIONARY PRINCIPLE
IV. REASONS IN FAVOUR OF THE INTRODUCTION OF ALTERNATIVE MEASURES TO CRIMINAL PROCEEDINGS
V. ALTERNATIVE MEASURES TO CRIMINAL PROCEEDINGS AS A REFLECTION OF THE DISCRETIONARY PRINCIPLE
VI. OCCURENCES OF THE DISCRETIONARY PRINCIPLE IN THE SPANISH LEGAL SYSTEM
VII. CONCLUSIONS: RELATIONS BETWEEN THE TWO PRINCIPLES

- THE PRESUMPTION OF INNOCENCE I. Por José Manuel Sánchez Siscart
I. THE PRESUMPTION OF INNOCENCE AS A FUNDAMENTAL RIGHT
II. THE RIGHT TO THE PRESUMPTION OF INNOCENCE IN THE EUROPEAN UNION
III. THE PRESUMPTION OF INNOCENCE AND THE EUROPEAN COURT OF HUMAN RIGHTS (ECRT)

- THE PRESUMPTION OF INNOCENCE II. Por M. Encarnación Orduna Pardo
I. INTRODUCTION. The Spanish legal system. International regulations
II. DETENTION: READING OF RIGHTS
III. PRESUMPTION OF INNOCENCE AND PRE-TRIAL, REMAND OR OTHER PREVENTATIVE MEASURES
IV. ORAL TRIAL: EVIDENCE PRESENTED
V. PRESUMPTION OF INNOCENCE AND PARALLEL TRIALS

- INVESTIGATIVE MEASURES RESTRICTING FUNDAMENTAL RIGHTS. Por Julián García Marcos
I. INTRODUCTION
II. BODILY INTERVENTIONS AND DNA SAMPLING
III. ENTRY AND SEARCH
IV. INTERCEPTION OF CORRESPONDENCE
V. TELEPHONE INTERCEPTION
VI. VIDEO SURVEILLANCE AND RECORDING OF DIRECT ORAL CONVERSATIONS
VII. GEOLOCATION
VIII. EXAMINATION OF MASS STORAGE DEVICES
IX. PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF INVESTIGATION OF CRIMINAL OFFENCES AND “ON-LINE” UNDERCOVER AGENTS
X. REMOTE RECORDING OF COMPUTER RECORDS
XI. USE OF ARTIFICIAL INTELLIGENCE TOOLS IN POLICE INVESTIGATION

- ACCESS TO JUSTICE. Por Domingo Sánchez Puerta
I. INTRODUCTION OR WHAT I MEAN WHEN I TALK ABOUT ACCESS TO JUSTICE
II. ORIGINS OF ACCESS TO JUSTICE. CONCEPT AND SYSTEMATIC TREATMENT.
III. ACCESS TO JUSTICE AT THE INTERNATIONAL LEVEL. UNITED NATIONS. REFERENCE TO THE REGIONAL DIMENSION
IV. THE RIGHT OF ACCESS TO JUSTICE FROM A EUROPEAN PERSPECTIVE
V. LEGAL AID AS A KEY ELEMENT OF ACCESS TO JUSTICE: LEGAL AID AND EX OFFICIO DEFENCE
VI. CONCLUSIONS

- THE LAWYER AS AN ESSENTIAL ELEMENT OF THE PROCESS. Por Lourdes Carballo Fidalgo
I. INTRODUCTION: THE LAWYER AND THE RIGHT OF DEFENCE
II. THE ORIGIN AND FUNCTION OF THE LAWYER
III. THE RIGHT OF DEFENCE AND LEGAL ASSISTANCE IN INTERNATIONAL TEXTS
IV. THE RIGHT TO DEFENCE IN SPANISH LAW
V. THE APPOINTMENT OF A LAWYER. DUTY SOLICITOR
VI. THE LAWYER, AN ESSENTIAL ELEMENT IN THE PROCESS

- THE ROLE AND ETHICS OF THE LAWYER. Por Fernando Candela Martínez
I. INTRODUCTION
II. PROFESSIONAL ETHICS
III. MAIN DEONTOLOGICAL OBLIGATIONS
IV. PROFESSIONAL CONFIDENTIALITY
V. SPECIAL REFERENCE TO THE LAWYER’S TESTIMONY
VI. THE INTERCEPTION BY THE JUDGE OF CONFIDENTIAL LAWYER-CLIENT INTERVIEWS. THE SENTENCING OF BALTASAR GARZÓN
VII. ETHICS IN THE LEGAL ASSISTANCE SYSTEM
VIII. LIST OF BREACHES OF LAWYERS’ PROFESSIONAL ETHICS

- LEGAL AID AS AN ORGANISATION IN SPAIN. Por Antonio Morán Durán
I. FREE LEGAL AID IN SPAIN. GENERAL ISSUES
II. CRITERIA FOR GRANTING LEGAL AID TO CITIZENS
III. THE ROLE OF THE SPANISH LEGAL PROFESSION IN LEGAL AID. THE EXTENSION OF FREE LEGAL AID AND DEFENCE TO OTHER VULNERABLE SOCIAL AREAS
IV. ADDED VALUE OF THE SPANISH LEGAL PROFESSION IN LEGAL AID

- ACCESS TO JUSTICE FOR VULNERABLE GROUPS. Por Eva Ribó Fenollós
I. INTRODUCTION: THE RIGHT OF DEFENCE
II. PERSONS WITH DISABILITIES

- ACCESS TO JUSTICE FOR MIGRANTS, FOREIGN NATIONALS AND DISPLACED PERSONS. Por Blas Jesús Imbroda Ortiz
I. THE RIGHT TO DEFENCE, A BASIC AND ESSENTIAL PILLAR OF A STATE GOVERNED BY THE RULE OF LAW
II. THE ESSENTIAL ROLE OF THE LEGAL PROFESSION IN THE DEFENCE OF THE RIGHTS OF MIGRANTS
III. WORK OF THE SPANISH LEGAL PROFESSION IN THE FIELD OF INTERNATIONAL PROTECTION
IV. LEGAL ASSISTANCE PROVIDED BY LAWYERS IN THE FIELD OF MIGRATION LAW
V. THE RIGHT OF MIGRANTS TO FREE LEGAL ASSISTANCE. LEGAL SUPPORT FROM LAWYERS
VI. THE QUALITY AND SUPPORT SERVICE OF THE CGAE’S SUBCOMMISSION ON FOREIGN NATIONALS AND INTER-NATIONAL PROTECTION
VII. CONCLUSION

- ACCESS TO JUSTICE AND THE RIGHT TO DEFENCE. FREE LEGAL AID MODEL IN SPAIN AND QUALITY CONTROL OF THE SERVICE. Por Luis F. Nieto Guzmán de Lázaro
I. ACCESS TO JUSTICE, RIGHT TO DEFENCE AND LEGAL AID
II. PRINCIPLES ON ACCESS TO JUSTICE AND THE RIGHT TO DEFENCE
III. PROCEDURE FOR THE RECOGNITION OF FREE LEGAL AID
IV. PROVISION OF THE LEGAL AID SERVICE

- RIGHT TO DEFENCE AND FREE LEGAL AID IN SPAIN. Por María Sol Cuevas Gama
I. THE RIGHT TO DEFENCE
II. FREE LEGAL AID
III. FUNCTION OF THE BAR ASSOCIATIONS
IV. PUBLIC ADMINISTRATIONS: MINISTRY OF JUSTICE AND AUTONOMOUS COMMUNITIES
V. CONCLUSION