An analysis of the relation and differences between Article 5 paragraph 3 ECHR and Article 5 paragraph 4 ECHR

According the Criminal Yearbook of 1990, the Court’s judgment in Brogan and others (EHRC 29 November 1988, A. 145-b) was very important for the development of the Dutch Criminal Law. As a result of this famous judgment, the Netherlands Minister of Justice requested the Moons’ Commission to advise speedily about a necessary amendment with regard to the period of custody.[1] Why? For a good understanding, I’ve to lay out the facts of this case.…

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