Article 6 of the European Convention on Human Rights: Does it Really Grant to the Defendant in a Criminal Process a Real and Effective Choice When it Comes to the Defence?

2015 ◽  
Author(s):  
George Hadjikyprianou
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Criminal Process ◽  
Effective Choice

The Oxford Handbook of Criminal Process

2019 ◽  
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
European Convention ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
European Court

This handbook examines various aspects of the criminal process, including the role of prosecutors in common law and civil law jurisdictions, the rights and duties of experts, victim rights in civil law jurisdictions, surveillance and investigation, criminal prosecution and its alternatives, evidence discovery and disclosure in common law systems, evidence law as forensic science, common law plea bargaining, appeals and post-conviction review, and procedure in international tribunals. The book is organized into eight parts covering topics ranging from criminal process in the dual penal state to interrogation law and practice in common law jurisdictions, empirical and comparative approaches to criminal procedure, prosecution-led investigations and measures of procedural coercion in the field of corruption, international corporate prosecutions, special procedures for white-collar and corporate wrongdoing in Europe, and trial procedure in response to terrorism. Also discussed are the roles of the European Convention on Human Rights and the European Court of Human Rights as guardians of fair criminal proceedings in Europe, double jeopardy or ne bis in idem in common law and civil law jurisdictions, plea bargaining vs. abbreviated trial procedures, restorative justice as an alternative to penal sanctions, and the pluralistic nature of international criminal procedure.

1. Criminal law in context

Criminal Law ◽  
2019 ◽  
pp. 1-31
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Social Contexts ◽  
European Convention ◽  
The Political ◽  
Criminal Process ◽  
Standard Of Proof ◽  
Key Aspects ◽  
The Impact

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? What reasons are there for the criminalisation of some types of conduct? What are the purposes of punishment? What are the political and social contexts in which criminal law operates? The chapter provides an overview of key aspects of the criminal process, including mode of trial, the decision to prosecute, the burden and standard of proof, the functions of judge and jury, and sentencing. It also examines briefly discusses the impact of the European Convention on Human Rights on English law.

2. Towards a framework for evaluating the criminal process

2019 ◽  
pp. 22-58
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Theoretical Framework ◽  
Fundamental Rights ◽  
European Convention ◽  
Criminal Process ◽  
System A ◽  
Different Parts

This chapter advances a theoretical framework for evaluating criminal procedure, while keeping in mind the links between the different parts and aspects of the criminal justice system. A rights-based theory of the criminal process should have the twin goals of regulating the procedures for bringing suspected offenders to trial to produce accurate determinations, and ensuring that fundamental rights are protected in those processes. This approach should be adopted in England and Wales—both on principle and because it is implicit in international documents such as the European Convention on Human Rights that still plays a fundamental role in English law. Separate objectives for dispositive decisions are also proposed, including the decision to divert a person from the criminal process without trial.

8. Article 5: The right to liberty and security of the person

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
Physical Security ◽  
Criminal Process ◽  
Mentally Disabled ◽  
The Right ◽  
Article 5

This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘right to liberty and security of person’. The notion of ‘liberty’ here covers the physical liberty of the person, which the Court views alongside Articles 2, 3, and 4 as ‘in the first rank of the fundamental rights that protect the physical security of an individual’. All kinds of detention by the state are controlled by Article 5, including detention in the criminal process, detention of the mentally disabled and detention prior to extradition or deportation.

13. Aspects of the Criminal Process

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Principle Of Legality

This chapter, which examines the provisions of the European Convention on Human Rights on fair trial specific to criminal proceedings found in paragraphs (2) and (3) of Article 6, explains the scope of Article 6(2) and (3), and discusses the principle of legality and the judgments made by the Strasbourg Court in several related cases. It also considers the rule against retrospective legislation in Article 7 of the Convention and a number of additional rights connected with the criminal process introduced by Articles 2 to 4 of Protocol 7.

scholarly journals Ensuring the Right to a Fair Trial Pre-Trial Stage Criminal Process

2016 ◽  
Vol 3 (4) ◽  
pp. 133-141
Author(s):  
A A Tymoshenko
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Access To Justice ◽  
Criminal Process ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article considers the problem of respect for the right to a fair trial at the pre-trial stage of the criminal process. It is pro- posed to take into account the secondary role of pre-trial activity, whose task is to prepare materials for trial. This competitiveness for the prosecution is not allowed. Analysis of the European Court of Human Rights indicates sufficient blurring boundaries that separate statement of the facts of the presence or absence of a violation of Art. 6 of the European Convention «On Protection of Human Rights and Fundamental Freedoms» (the right to a fair trial). But in any case the decision is motivated by the observance of guarantees of access to justice. Hence, any infringement of the possibi

13. Aspects of the Criminal Process

2020 ◽  
pp. 313-346
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Principle Of Legality ◽  
The Relationship

This chapter, which examines the provisions of the European Convention on Human Rights on fair trial specific to criminal proceedings found in paragraphs (2) and (3) of Article 6, explains the scope of Article 6(2) and (3), and discusses the principle of legality and the judgments made by the Strasbourg Court in several related cases. It also considers the rule against retrospective legislation in Article 7 of the Convention and a number of additional rights connected with the criminal process introduced by Articles 2 to 4 of Protocol 7. The Court considers the relationship between the Court and domestic jurisdictions in relation to Article 6, Article 7, and Articles 2 to 4 of Protocol 7.

1. Criminal law in context

2021 ◽  
pp. 1-33
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Social Contexts ◽  
European Convention ◽  
The Political ◽  
Criminal Process ◽  
Standard Of Proof ◽  
Key Aspects ◽  
The Impact

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? What reasons are there for the criminalisation of some types of conduct? What are the purposes of punishment? What are the political and social contexts in which criminal law operates? The chapter provides an overview of key aspects of the criminal process, including mode of trial, the decision to prosecute, the burden and standard of proof, the functions of judge and jury, and sentencing. It also examines briefly the impact of the European Convention on Human Rights on English law.

Waiver in the Russian Criminal Process from the Point of View of Standards of European Court of Human Rights

2019 ◽  
Vol 10 (3) ◽  
pp. 746
Author(s):  
Irina N. CHEBOTAREVA
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Point Of View ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
European Court ◽  
The Russian Federation ◽  
Russian Law

The research deals with the case law of European Court of Human Rights against the Russian Federation on complaints of its citizens regarding violation of Article 6 of European Convention on Human Rights in criminal proceedings when it considers waiver. The author has defined and analyzed both the standards of waiver and the Court’s approaches to the establishment of waiver and the requirements and conditions developed by it. The author’s analysis of the decisions of European Court of Justice in respect of Russia, in which the court considered the legality of waiver in specific criminal cases when the Russian authorities claimed that the Applicant had waived his right, has led to the conclusion about misunderstanding of the Russian law executor of this legal phenomenon. As a result the defects of law enforcement are hidden behind the waiver of one’s right in the Russian criminal process.

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