
Contents
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. The Scope of the Court’s Judicial Authority over the Fairness of Criminal Proceedings II. The Scope of the Court’s Judicial Authority over the Fairness of Criminal Proceedings
-
1. The Territorial Scope of the Right to a Fair Trial 1. The Territorial Scope of the Right to a Fair Trial
-
2. The Temporal Scope of the Right to a Fair Trial 2. The Temporal Scope of the Right to a Fair Trial
-
3. “Overall Fairness” of Criminal Proceedings 3. “Overall Fairness” of Criminal Proceedings
-
4. Legal Effects of the Court’s Decisions 4. Legal Effects of the Court’s Decisions
-
-
III. The General Procedural Guarantees under Article 6 § 1 III. The General Procedural Guarantees under Article 6 § 1
-
1. Independent and Impartial Tribunal 1. Independent and Impartial Tribunal
-
2. Right to a Fair Hearing 2. Right to a Fair Hearing
-
a. Equality of Arms a. Equality of Arms
-
b. The Right to Remain Silent and the Privilege against Self-Incrimination b. The Right to Remain Silent and the Privilege against Self-Incrimination
-
c. Entrapment c. Entrapment
-
-
3. Public Hearing 3. Public Hearing
-
4. Hearing within Reasonable Time 4. Hearing within Reasonable Time
-
-
IV. Article 6 Sections 2 and 3: Procedural Rights in Criminal Proceedings IV. Article 6 Sections 2 and 3: Procedural Rights in Criminal Proceedings
-
V. Article 6 Section 2: The Presumption of Innocence V. Article 6 Section 2: The Presumption of Innocence
-
VI. Article 6 Section 3: Specifically Listed Minimum Rights in Criminal Proceedings VI. Article 6 Section 3: Specifically Listed Minimum Rights in Criminal Proceedings
-
1. Prerequisites of an Effective Defense 1. Prerequisites of an Effective Defense
-
2. Article 6 Section 3(d): The Right to Call and Confront Witnesses and to Examine Evidence Brought to Court 2. Article 6 Section 3(d): The Right to Call and Confront Witnesses and to Examine Evidence Brought to Court
-
-
VII. Conclusions VII. Conclusions
-
References References
-
-
-
-
-
-
8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
5 The European Convention on Human Rights and the European Court of Human Rights as Guardians of Fair Criminal Proceedings in Europe
Get accessProfessor of Criminal Law, Director of the Institute for Foreign and International Criminal Law, University of Cologne
-
Published:11 February 2019
Cite
Abstract
This chapter discusses the role of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (the Court) in safeguarding fair criminal proceedings in Europe. In particular, it analyzes the procedure-related guarantee of a fair trial and its various implications as they are laid down in Article 6 ECHR and shaped by the case law of the Court. The chapter first provides an overview of the general procedural guarantees under Article 6, section 1, focusing on the independence and impartiality of the tribunal, right to a fair hearing (equality of arms, the right to remain silent and the privilege against self-incrimination, entrapment), public hearing, and hearing within a reasonable time. It then considers procedural rights in criminal proceedings under sections 2 and 3 of Article 6, along with the presumption of innocence under section 2 and specifically listed minimum rights in criminal proceedings under section 3.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 13 |
November 2022 | 13 |
December 2022 | 6 |
January 2023 | 21 |
February 2023 | 13 |
March 2023 | 12 |
April 2023 | 19 |
May 2023 | 9 |
June 2023 | 12 |
July 2023 | 6 |
August 2023 | 4 |
September 2023 | 7 |
October 2023 | 7 |
November 2023 | 14 |
December 2023 | 4 |
January 2024 | 10 |
February 2024 | 8 |
March 2024 | 9 |
April 2024 | 6 |
May 2024 | 15 |
June 2024 | 7 |
July 2024 | 9 |
August 2024 | 6 |
September 2024 | 5 |
October 2024 | 8 |
November 2024 | 3 |
December 2024 | 4 |
January 2025 | 6 |
February 2025 | 5 |
March 2025 | 7 |
April 2025 | 7 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.