09-02-2020

What can you do if you have been subjected to an UNFAIR trial? Appeal to the European Court of Human Rights. Do you want to know how to do it?

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Fair Trial Lawyer in Italy. What can you do if you have been subjected to an UNFAIR trial?

Have you been subjected to an unfair trial in Italy and you need a Fair Trial Lawyer Italy ?

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WHAT IS PROVIDED FOR IN ARTICLE 6 OF THE ECHR ?

Article 6 of the ECHR provides that:

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 

2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 

3. Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; 

(b) to have adequate time and facilities for the preparation of his defence;

(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Art. 6 ECHR

The violation of the fair trial appears evident when in the trial there was – for example – a clear misrepresentation of evidence and the Judge did not believe the defendant’s version.

DOES THE NATIONAL JUDGE OBLIGATE TO OBSERVE THE JUDGMENTS ISSUED BY THE EUROPEAN JUDGE ?

Yes !!!

In Italy there is an obligation of the national judge to interpret the internal legislation in a way that conforms to the provisions of the European Convention on Human Rights, in the meaning attributed to them by the jurisprudence of the Court of Strasbourg (also Constitutional Court 24/10/2007 n 349; Constitutional Court 24/7/2009 n. 239), according to the principle of legality, sanctioned, in criminal matters, by art. 7 of the European Convention on Human Rights.

IS IT POSSIBLE TO RECEIVE COMPENSATION IF THERE HAS BEEN A BREACH OF A FAIR PROCESS ?

Yes, it is possible and is provided for in article 41 of the ECHR.

Article 41 of ECHR provides that:

<<If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party>>.

WHAT CAN YOU DO IF YOU HAVE UNFAIR PROCESS ?

You can also appeal to the European Court of Human Rights based in Strasbourg with the help of a fair trial lawyer Italy.

It is important to contact an expert fair trial lawyer Italy because the drafting of the appeal and the identification of the violations suffered in Italy is not a simple thing and there is a risk that the appeal will be declared inadmissible or, worse, declared inadmissible.

Also consider that if a violation of human rights is ascertained, compensation for damages can be obtained and also the reimbursement of legal costs.

If you want to receive assistance or legal advice on this topic you can contact Criminal Lawyer H24 which boasts of its team an expert Fair Trial Lawyer Italy.

Send us a message whatsapp here.

Line h24 for emergency call: +39 338 85 15 424.

Or fill out the contact request below to receive legal assistance or advice, you will be immediately contacted by one of our Lawyers.

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