Criminal Archives

The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

Article 6 - Par. 1
09/06/2019 12:03

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

Article 6 - Par. 1
05/06/2019 18:47

JUDGMENT Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

Article 6 - Par. 1
23/05/2019 10:27

JUDGMENT Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

Article 5
13/05/2019 18:33

JUDGMENT Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

Article 5
09/05/2019 18:00

JUDGMENT Mityanin and Leonov v. Russia 07.05.2019 (no. 11436/06 and 22912/06) see here SUMMARY Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was described as guilty. The European Court of […]

Two-judge panels, the impartiality of judges, high court costs and the Court of Strasbourg

Article 6
07/05/2019 19:19

JUDGMENT Pasquini v. San Marino 02.05.2019 (no. 50956/16) see here SUMMARY Composition of a court of two judges. Impartiality of judges. High court costs. Procedures for settlement of the debts of a financial company to a third party. Complaints about the unlawfulness of court formation, lack of impartiality of a judge and inability to gain […]

The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

Article 6 - Par. 1
01/05/2019 19:16

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

Conflicting case-law of the Supreme Court of Cassation. Legal security and the decision of the Court

Article 6 - Par. 1
25/04/2019 19:52

JUDGMENT Mariyka Popova and Asen Popov v. Bulgaria 11.04.2019 (no. 11260/10) see here SUMMARY Conflicting case law in the interpretation of a provision made by different compositions of the Supreme Court. Rejection of the applicants’ appeal by the Supreme Court of Cassation due to discrepancies in the case law of that court regarding the liability […]

The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

Article 6 - Par. 1
24/04/2019 20:54

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

Judicial and private expert report. Taking into account by the courts of the expert report of the psychiatrist appointed by the authorities and the rejection of the report of the private psychiatrist violated the principle of equality of arms by creating an unfair disadvantage against the accused

Article 6 - Par. 1
07/04/2019 18:05

JUDGMENT Hodžić v. Croatia 04.04.2019 (no. 28932/14) see here SUMMARY The case concerned the proceedings for the applicant’s confinement in a psychiatric hospital. The Court found in particular that, without obtaining another expert report addressing Mr Hodžić’s objections or giving him an opportunity to examine an “expert” on his behalf, his possibility to challenge the […]

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