Law and Society

In this book, we have been led to carry out a comparative exercise on preventive detention in ordinary and military criminal procedure, and to consider the absence of judicial control over preventive detention, the main feature of this measure in military criminal procedure, as a source of imbalance between the parties to the trial.After 18 years of democracy, although the two detention regimes have one thing in common in that they both lay down substantive and formal conditions for preventive detention, military criminal procedure is still mainly characterized by the absence of judicial control, which is a source of imbalance between the parties to the criminal trial. The right of access to the court, one of the requirements of a fair trial which consists of the right of access to the judge in the strict sense, the right to an effective remedy and the right to a good judge, is the right which enables the realization of the other rights which form part of the notion of a fair trial; it seems to us that all the other requirements of a fair trial are undermined by the absence of judicial control...