Criminal

The judge who examined the appeal in the Supreme Court, examined the case on appeal on points of law. Conviction for lack of impartiality of the court

JUDGMENT Sacharuk v. Lithuania 23.04.2024 (app. no. 39300/18) see here SUMMARY The case concerned Mr Sacharuk’s conviction in 2017 of abuse of office and of unlawful use of an official document because he had used another parliamentarian’s identity card to vote in parliament on his behalf. The Court found in particular that the Supreme Court […]

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The waiver of the right to appoint a lawyer signed by the arrested man, who suffered from withdrawal syndrome, violated the right to due process

JUDGMENT Bogdan v. Ukraine 08.02.2024 (app. no. 3016/16) see here SUMMARY The validity of the waiver of the right to counsel signed by the applicant while he was in unofficially recorded detention and suffering from drug withdrawal symptoms. The trial court found that the applicant had waived his right to counsel and dismissed as unfounded […]

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A court in another trial regarding a co-defendant cited the entire name of the applicant as an accessory to the commission of offences! Breach of the right of the presumption of innocence

JUDGMENT Krátky v. Slovakia 15.02.2024 (app. no. 35025/20) see here SUMMARY Infringement of the presumption of innocence of the applicant when, in the context of criminal proceedings against a co-defendant, his full name was mentioned. In particular, the co-defendant entered into a plea bargain with the prosecution and was eventually found guilty of membership of […]

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Judge participated in the examination of an appeal on points of law, despite having served as head of the Attorney General’s Office during the period when his subordinate prosecutors brought the appeal on points of law in question. Breach of objective impartiality

JUDGMENT Ugulava v. Georgia (no. 2) 01.02.2024 (app. no. 22431/20) see here SUMMARY In December 2013, the applicant, a politician, who at the time was acting as Mayor of Tbilisi, was charged with aggravated embezzlement. In January 2019, two prosecutors of the General Prosecutor’s Office appealed against the appellate decision to the Supreme Court. The […]

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The President of the Supreme Court testified as a witness for the prosecution. Media reports of conversations of the accused. Lack of impartiality of the judges. No violation of fair trial and of the presumption of innocence

JUDGMENT Tadić v. Croatia  28.11.2023 (app. no. 25551/18) see here SUMMARY The case concerned criminal proceedings in which Mr Tadić had been found guilty of conspiring – through payments of money – to influence the Supreme Court to give a decision favourable to a well-known politician who was being tried for a war crime. The […]

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Violation of right of access to a court for a Prosecutor General unable to challenge his suspension triggered by criminal proceedings brought against him

JUDGMENT Stoianoglo v. the Republic of Moldova 24.10.2023 (app. no. 19371/22) see here SUMMARY The case concerned a Prosecutor General’s alleged inability to appeal against his suspension, which had been triggered by criminal proceedings that had been brought against him. The Court noted, along with the Government, the Constitutional Court and the Venice Commission, that […]

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Conviction of the accused under the new criminal provisions that were not foreseeable at the time of the act. Violation of the principle no punishment without law

JUDGMENT Tristan v. the Republic of Moldova της 04.07.2023 (app. no. 13451/15) see here SUMMARY The case concerned a former mayor who complained that she had been convicted of an offence with which, in her submission, she could no longer be charged, following an amendment to the provisions of the Criminal Code while the criminal […]

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A delay of 4.5 years for the filing of a criminal case without the possibility of exercising an appeal for compensation. Violation of reasonable time and Article 13 of the ECHR

JUDGMENT Irodotou v. Cyprus 23.05.2023 (app. no. 16783/20) see here SUMMARY The applicant was accused of an alleged debt to a credit institution. Criminal proceedings were initiated against him which lasted approximately 4.5 years. Then the Prosecutor decided that there was no reason for criminal prosecution and filed the case. The applicant felt all these […]

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The confession of the accused in the preliminary police investigation without being informed of his rights and without the presence of a lawyer. Violation of the right to fair trial

JUDGMENT Lalik v. Poland 11.05.2023 (app. no. 47834/19) see here SUMMARY The case concerned the applicant’s defence rights and privilege against self-incrimination. In January 2016, while drunk, the applicant set fire to his drinking partner’s jacket, with the latter sustaining severe burns and dying as a result. The applicant was convicted of aggravated murder and […]

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