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Part Two The General Fair Trial Guarantees, Ch.6 The Right to be Tried Within a Reasonable Time

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: 24 June 2024

Subject(s):
Right to a trial within a reasonable time — Fact-finding and inquiry

In one of its first judgments, the European Court of Human Rights clearly and convincingly set out the purpose of the right to be tried within a reasonable time: the precise aim of this provision in criminal matters is to ensure that accused persons do not have to lie under a charge for too long and that the charge is determined. This chapter discusses the origins and purpose of the guarantee of the right be tried within a reasonable time, the length of proceedings and length of detention on remand, the beginning of the relevant period, the end of the relevant period, the importance of the criminal proceedings for the accused, the complexity of the case, the conduct of the domestic authorities, and compensation for the excessive length of proceedings.

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