The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective & individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control & a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern & Western European countries; Part Two explores the debate among jurists, historians, sociologists & philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community & the European Council & explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Universite de Paris I Pantheon Sorbonne & is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)