Master's thesis on intelligence and criminal proceedings wins 2024 Scriptieprijs
Advocaat.be presents the Scriptieprijs 2024 to Benoît Van Cauwenberghe for his exceptional master's thesis on the use of intelligence information in criminal proceedings (UGent). His research sheds new light on the role of this information as a starting, targeting and steering tool, as well as evidence in criminal cases. Moreover, he examines the tensions between national security and the right to a fair trial.
With the annual Scriptieprijs, worth €2,500, Advocaat.be aims to stimulate in-depth research into the legal profession and the workings of justice. The winning master's thesis stood out for its strong structure, clear language and critical reflection on a socially relevant and complex issue.
Tension between intelligence services and right to defence
The award-winning study exposes the tension between the limited openness of intelligence services and the rights of the defence. A key concern is the risk of so-called "U-turn constructions", where intelligence services are used to circumvent criminal safeguards. This can lead to violations of the right to a fair trial, as guaranteed under Article 6 ECHR.
In addition, the master's thesis analyses how legislators can balance the finality of intelligence with the need to protect legal certainty and the rights of suspects. The research includes an in-depth legal analysis with a legal comparison between Belgium and the Netherlands, and involves both national and European legal sources.
Critical look at a topical issue
According to the jury, this thesis deserves the award because of its thorough qualitative analysis, broad legal foundation and social relevance.
Cooperation between security forces and the judiciary is increasing, and this study shows the importance of transparency and clear legislation to ensure the right to a fair trial.
By awarding the Scriptieprijs, Advocaat.be underlines its commitment to a strong rule of law and the protection of fundamental rights within the criminal process. The winning master's thesis contributes to a better understanding of the legal challenges in this area and offers valuable insights for the legal profession, magistrates and legislators.
Lees de volledige masterproef
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