Criminal Archives

Dismissal of a police officer who was driving under the influence of alcohol. The disciplinary procedure is independent of the criminal proceedings. No violation of the presumption of innocence!

Article 6 - Par. 2
30/07/2021 20:12

JUDGMENT Istrate v. Romania 13.04.2021 (app. no. 44546/13) see here SUMMARY The applicant police officer was arrested for driving while intoxicated. He was dismissed by a decision of the disciplinary council on the grounds that as a police officer he had a special legal obligation to comply with the law and his behavior was particularly […]

No summoning of the accused, no representation of him before the Court of Appeals and his conviction in absentia for rape! Violation of a fair trial

Article 6 - Par. 1
26/07/2021 19:05

JUDGMENT Mirčetić v. Croatia 22.04.2021 (app. no. 30669/15) see here SUMMARY According to the ECtHR, in order to establish a fair trial in criminal proceedings, the presence of the accused is required in both the first and second instance courts, which adjudicates the case on the merits and has the jurisdiction to annul the first […]

Criminal investigation into the death of Yasser Arafat. No violation of the right of the daughter and his widow to be heard

Article 6 - Par. 1
01/07/2021 19:16

JUDGMENT El Kodwa Arafat v. France 1.7.2021 (app. no. 82189/17) see here SUMMARY Criminal investigation, fair hearing and evidence. The applicants, a widow and daughter of Yasser Arafat, had complained of a breach of their right to a fair hearing, in proceedings in which they participated in support of the prosecution, after their lawsuits against […]

Remand in custody of a supreme judge for participation in a criminal organization, waiver of his immunity and temporary detention for 2 years and 8 months! Violation of the right to personal liberty

Article 5
30/06/2021 18:35

JUDGMENT Tercan v. Turkey 29.06.2021 (app. no. 6158/18) see here SUMMARY Right to temporary freedom and security. Immunity of judges and conviction without sufficient evidence. The applicant is a professor at the Law School and a High Judge of the Turkish Constitutional Court. He was arrested after the July 15, 2016 coup in Turkey, on […]

Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

Article 5
23/06/2021 20:41

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

Trial without the personal appearance of the accused, who explicitly resigned from this right! Non-violation of a fair trial

Article 6 - Par. 1
11/06/2021 20:10

JUDGMENT Dijkhuizen v. The Netherland 08.06.2021 (app. no. 61591/16) see here SUMMARY Fair trial. Explicit and free waiver of his guarantees. The applicant was arrested in the Netherlands for drug trafficking and sentenced at first instance to nine (9) years in prison. He appealed and the restrictive condition of appearing at the police station and […]

The ECtHR ruled that the director of a company was liable for failing to meet its tax obligations

Article 6
03/06/2021 19:17

JUDGMENT Busuttil v. Malta 3.6.2021 (αρ. προσφ. 48431/18) see here SUMMARY Presumption of objective liability of the director of a bankrupt company for non-payment of its debts to the State and insurance contributions. The applicant was criminally convicted after leaving the company, although he claimed to be unaware of the company’s financial situation. He asserted […]

The court in which a judge who had previously convicted the accomplice of the same crime and had judged in detail the participation of the accused is not impartial!

Article 6 - Par. 1
30/04/2021 18:40

JUDGMENT Meng v. Germany 16.02.2021 (app. no. 1128/17) see here SUMMARY Impartial court. Criteria. Fair trial. Participation of a judge in a panel that convicted the applicant, when he himself had convicted the accomplice of the same crime in a previous trial and had judged her own participation. The applicant was convicted of the joint […]

Trapping operations by the police. Obligation of an established clear and predictable procedure

article 46
20/04/2021 18:10

JUDGMENT Kuzmina and others v. Russia 20.4.2021 (app. no. 66152/14 and 8 more applications) see here SUMMARY Police trapping and right to be heard. Agents Provocateur. Systemic problem in the Russian legal framework regarding incidents of trapping by the police for drug trafficking operations through secret and secret operations. The applicants were convicted of criminal […]

Preliminary investigation that has lasted more than 5.5 years did not violate the reasonable duration of the trial because it involved a complex case!

Article 6 - Par. 1
18/04/2021 19:27

JUDGMENT Arewa v. Lithuania 09.03.2021 (app. no. 16031/18) see here SUMMARY Reasonable duration of the pre-trial investigation. Complexity of the case. The case concerned a criminal prosecution against the applicant for engaging in illegal economic activity with the involvement of banks and suspicious transfers of funds to Europe, China and the United States. The preliminary […]

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