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PDF Guide on Article 6 of the European Convention on

Dec 31 2020 · Council of Europe: European Court of Human Rights Guide on Article 6 of the European Convention on Human Rights - Right to a Fair Trial (Criminal Limb) 31 December 2020 https://www refworld org/jurisprudence/caselawcomp/echr/2020/en/123536 [accessed 17 February 2024]

  • Does Article 6 apply if there is no upper statutory limit?

    As regards the third Engel criterion, namely the severity of the sanction, the Court clarified that the absence of an upper statutory limit on the amount of the fine is not of itself dispositive of the question of the applicability of Article 6 under its criminal limb.

  • Does Article 6 apply to a criminal charge?

    In using the terms “criminal charge” and “charged with a criminal offence”, the three paragraphs of Article 6 refer to identical situations. Therefore, the test of applicability of Article 6 under its criminal head will be the same for the three paragraphs.

  • What happens if a court breaches Article 6 1?

    119. In principle, a breach by a court of these domestic legal provisions gives rise to a violation of Article 6 § 1 (DMD Group, A.S., v. Slovakia, § 61). The Court may therefore examine whether the domestic law has been complied with in this respect.

  • Which cases are excluded from the criminal head of Article 6?

    France (dec.), 2007; Trubić v. Croatia (dec.), 2012, § 26; Pişkin v. Turkey, 2020, §§ 105-109; Čivinskaitė v. Lithuania, 2020, §§ 98-99). It has also excluded from the criminal head of Article 6 a dispute concerning the discharge of an army officer for breaches of discipline (Suküt v.

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