Articolul 6 (latura penală) - Dreptul la un proces echitabil
Toate actualizările
Cauze selectate pentru actualizarea Ghidului privind jurisprudența.
Miron v. Romania, no. 37324/16
Conviction without direct examination of certain witness testimonies by the courts.
Judgment
Severin v. Romania, no. 20440/18
Fairness of criminal proceedings against a member of the European Parliament on corruption charges following an investigation by two undercover journalists; use of the recordings made by the journalists and their participation in the proceedings as witnesses via videoconference.
Judgment
C.O. v. Germany, no. 16678/22
Statements made by a criminal court, convicting the applicant’s accomplices of tax fraud, about the applicant's participation in the offence.
Judgment
Khachapuridze and Khachidze v. Georgia, nos. 59464/21 and 13079/22
Applicants’ procedural rights adversely affected by a combination of deficiencies undermining the overall fairness of proceedings against them.
Judgment
Nealon and Hallam v. the United Kingdom [GC], nos. 32483/19 and 35049/19
Refusal of compensation for miscarriage of justice following the quashing of criminal convictions as “unsafe”.
Judgment | Legal Summary
Bosev v. Bulgaria, no. 62199/19
Judicial panel tried a journalist who had previously published articles calling into question the professional qualities and integrity of the judge-rapporteur and president.
Judgment
Orhan Şahin v. Türkiye, no. 48309/17
Failure of domestic court, which ultimately convicted the applicant, to hear evidence from a witness on whose statements it mainly relied.
Judgment
Leka v. Albania, no. 60569/09
Fairness of criminal proceedings. Reclassification of criminal offence by an appellate court.
Judgment
Škoberne v. Slovenia, no. 19920/20
Refusal of the applicant’s request to examine two co-defendants as witnesses following their admission of guilt.
Judgment
Mehmet Zeki Doğan v. Türkiye (no. 2), no. 3324/19
Upholding of the applicant’s previous conviction and sentence in reopened criminal proceedings based decisively on his co-defendants’ incriminating statements made in the absence of a lawyer and later retracted. Applicability and merits.
Judgment | Legal Summary
Bogdan v. Ukraine, no. 3016/16
Validity of a waiver of the right to a lawyer signed by a person addicted to drugs and suffering from withdrawal symptoms.
Judgment | Legal Summary
Alppi v. Finland (dec.), no. 15736/22
Use of videoconferencing technology during a part of the hearing in the criminal proceedings against the applicant.
Decision
Rimšēvičs v. Latvia (dec.), no. 31634/18
Effectiveness of a newly introduced criminal remedy to obtain redress for an alleged breach of the presumption of innocence by public officials’ statements.
Decision | Legal Summary
Repeşco and Repeşcu v. the Republic of Moldova, no. 39272/15
Refusal to re-open criminal proceedings despite credible allegations that statements, used as evidence against the applicants, were extracted by ill-treatment inflicted during their police custody.
Judgment
Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20
Conviction for membership of an armed terrorist organisation based decisively on the use of an encrypted messaging application.
Judgment | Legal Summary
Bavčar v. Slovenia, no. 17053/20
Statements made by the Minister of Justice and Prime Minister concerning an important political and economic figure who had been convicted at first instance and had subsequently appealed.
Judgment | Legal Summary
Hamdani v. Switzerland, no. 10644/17
Domestic authorities' refusal to designate the lawyer of the applicant's own choosing as his free ex officio representative.
Judgment
Spasov v. Romania, no. 27122/14
Conviction based on domestic-law provisions that were manifestly contrary to EU Regulations constituting denial of justice.
Judgment | Legal Summary
Kerimoğlu v. Türkiye, no. 58829/10
Failure to deliver a reasoned judgment followed by an acquittal after imprisonment.
Judgment
Vegotex International S.A. v. Belgium [GC], no. 49812/09
Legislature’s intervention during tax assessment proceedings. Substitution of grounds. Length of tax proceedings. Applicability and merits.
Judgment | Legal Summary
Mamaladze v. Georgia, no. 9487/19
Obtaining and use of evidence (poisonous substance) in conviction of applicant for preparation of murder. Trial and appeal proceedings held in camera. Statements and conduct of public officials and prosecution authorities after applicant’s arrest (presumption of innocence and exhaustion of domestic remedies in that respect, Article 6 § 2).
Judgment | Legal Summary
Xenofontos and Others v. Cyprus, nos. 68725/16, 74339/16 and 74359/16
Conviction decisively based on confession by accomplice, who was not prompted by any deal, but was later placed in a witness protection programme and spared prosecution.
Judgment | Legal Summary
De Legé v. the Netherlands, no. 58342/15
Privilege against self-incrimination in the context of proceedings for the imposition of a tax fine.
Judgment | Legal Summary
McCann and Healy v. Portugal, no. 57195/17
Presumption of innocence in the context of the disappearance of a child.
Judgment | Legal Summary
Makarashvili v. Georgia, nos. 23158/20 and 2 Others
Weight of evidence given by police officers.
Judgment
Loizides v. Cyprus, no. 31029/15
Dismissal of criminal appeal consequent on a tie vote.
Judgment | Legal Summary
Rusishvili v. Georgia, no. 15269/13
Absence of lawyer of applicant’s own choosing during initial hours of detention. Absence of reasons in jury verdict and lack of reasons for declaring inadmissible applicant’s appeal on points of law.
Judgment
Boutaffala v. Belgium, no. 20762/19
Unilateral declaration (UD) as concerns facts giving rise to subsequent criminal proceedings against the applicant and the domestic courts' approach to the terms of the Government's UD.
Judgment | Legal Summary
Haščák v. Slovakia, nos. 58359/12 and 2 others
Applicability: Public statements by officials in relation to intelligence service operation (presumption of innocence).
Judgment | Legal Summary
Mierla and Others v. Romania (dec.), nos. 25801/17 and 2 others
Applicability: delayed drafting of reasoning of court judgments.
Decision
Wang v. France, no. 83700/17
Defence rights of persons being interviewed voluntarily by the police. Applicability and merits.
Judgment
Dubois v. France, no. 52833/19
Defence rights of persons being interviewed voluntarily by the police. Applicability and merits.
Judgment
Benghezal v. France, no. 48045/15
Inappropriate wording in a civil judgment after acquittal (Article 6 § 2).
Judgment
Bjarki H. Diego v. Iceland, no. 30965/17
Use in trial of transcript of applicant's questioning while he was still a witness. Article 6 §§ 3 (a) and (c).
Judgment | Legal Summary
Tonkov v. Belgium, no. 41115/14
No access to a lawyer in the initial stages of proceedings and incriminating evidence by co-accused allegedly obtained in the absence of a lawyer by means of pressure/coercion (Article 6 § 3 (c)).
Judgment | Legal Summary
Elif Nazan Şeker v. Turkey, no. 41954/10
Trial court’s decision overriding accused's wishes as to her choice of legal representation (Article 6 § 3 (c)).
Judgment
Al Alo v. Slovakia, no. 32084/19
Conviction based on pre-trial testimonies from migrants, absent from the trial after their expulsion. Waiver issue.
Judgment
Atristain Gorosabel v. Spain, no. 15508/15
Use at trial of initial confession by terrorist suspect held incommunicado and denied access to lawyer of own choice and legal-aid lawyer.
Judgment | Legal Summary
Faysal Pamuk v. Turkey, no. 430/13
Conviction based on written statements of absent witnesses, who were examined by other courts of their places of residence in the same country.
Judgment | Legal Summary
Melgarejo Martinez de Abellanosa v. Spain, no. 11200/19
Alleged breach of the principle of legal certainty and lack of reasoning in tax proceedings. Applicability and merits.
Judgment
Filat v. the Republic of Moldova, no. 11657/16
Presumption of innocence during proceedings on the lifting of the applicant's parliamentary immunity.
Judgment
Sassi and Benchellali v. France, nos. 10917/15 and 10941/15
Intelligence collected by French agents during applicants’ detention at Guantánamo Bay and prosecution and conviction in France. Applicability and merits.
Judgment | Legal Summary
Mucha v. Slovakia, no. 63703/19
Impartiality and presumption of innocence in relation to plea-bargaining.
Judgment
Marinoni v. Italy, no. 27801/12
Applicant acquitted at first instance but found civilly liable on civil parties' appeal. Applicability and merits (presumption of innocence).
Judgment
Kikabidze v. Georgia, no. 57642/12
Defence rights during jury trial for aggravated murder, including decisions of the presiding judge.
Judgment
Serrano Contreras v. Spain (No. 2), no. 2236/19
Revision proceedings before Supreme Court following ECHR judgment. Applicability and merits.
Judgment | Legal Summary
Kartoyev and Others v. Russia, nos. 9418/13 and 2 others
Lack of public trial and equality of arms in terrorism-related proceedings.
Judgment
Lysyuk v. Ukraine, no. 72531/13
Unlawful covert recording used as evidence in criminal proceedings.
Judgment
Milachikj v. North Macedonia, no. 44773/16
Presumption of innocence in relation to language used by higher courts in compensation proceedings.
Judgment