Criminal Archives - ECHRCaseLaw

The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.

Article 6 - Par. 1
November 11, 2019 12:16 pm

JUDGMENT Gelenidze v. Georgia 07.11.2019 (no. 72916/10) see here SUMMARY Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]

Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

Article 6
October 28, 2019 6:56 pm

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18). see here SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

Withdrawal of a gun licence of a person with a criminal record does not violate the ECHR

Article 6
October 25, 2019 7:30 pm

JUDGMENT Ilinca v. Romania 24.10.2019 (no. 50882/15) see here SUMMARY Withdrawal of a permit authorising the possession of firearms. Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, Mr Ilinca submitted that the domestic courts’ decisions had lacked sufficient reasoning and had been based on secret information to which […]

Concerns regarding a judge’s impartiality against a lawyer. Infringement of fair trial

Article 6 - Par. 1
October 24, 2019 7:25 am

JUDGMENT Deli v. the Republic of Moldova 22.10.2019 (no. 42010/06) see here SUMMARY The case concerned, on the one hand, an alleged dispute between a lawyer and a judge during a court hearing and the lawyer’s resulting fears of bias towards him and his client and, on the other hand, the judge’s contention that he […]

Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

Article 6 - Par. 1
October 17, 2019 7:51 pm

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

7th P - Article 4
October 12, 2019 5:30 pm

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

Article 6 - Par. 2
October 8, 2019 8:00 am

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

The Holocaust denial is not protected by the ECHR.

Article 10
October 5, 2019 5:43 pm

JUDGMENT Pastörs v. Germany 3-10-2019( no. 55225/14) see here SUMMARY The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of […]

Request for the replacement of the sentence in the context of the transfer of detainees from Morocco to France. The principle “no punishment without law” does not apply to the enforcement of the sentence.

Article 6
September 28, 2019 5:11 pm

JUDGMENT Robert v. France 26/09/2019 (no. 1652/16) see here SUMMARY Execution of sentence and principle of “nulla poena sine lege”. Replacement of the sentence issued by the Moroccan courts for a French prisoner in the course of his transfer to France in order to serve his sentence. The Court held in particular that Articles 6 […]

Failure to hear the applicant and witnesses on appeal flouted the requirements of the right to a fair trial.

Article 6 - Par. 1
September 25, 2019 6:56 pm

JUDGMENT Camacho Camacho v. Spain 24/09/2019 (application no. 32914/16) see here SUMMARY Fair trial and the principle of adversarial hearing. The applicant was charged with assaulting his ex-wife. He was acquitted at first instance but the public prosecutor appealed . He was sentenced to imprisonment and fined, even though he and several witnesses had never been […]

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