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Part One Introduction, Ch.2 The Scope of Application of the Right to a Fair Trial in Criminal Matters

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Subject(s):
Right to fair trial — Habeas corpus — Witnesses — Armed forces — Drug trafficking

This chapter discusses the scope of application of a person’s right to a fair trial in criminal matters. An examination of the cases in which a violation of Article 6 of the European Convention on Human Rights (ECHR) has been found reveals two distinct types of case: the ordinary cases, criminal proceedings where something went wrong as a result of inadequate legislation, neglect, arbitrariness, or some other reason; cases where, from the domestic point of view, nothing went wrong. The chapter discusses the notion of ‘criminal’, the autonomous notion of the term ‘criminal charge’, three criteria which must be applied in order to decide whether a charge has a criminal character or not, the substance of the three criteria, disciplinary matters as ‘civil rights and obligations’, critical appraisal of the case-law of the ECHR, the notion of ‘charge’, and rights of the victim.

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