The Impartiality of Judge and the principle of presumption of Innocence in the light of recent ECtHR Case Law

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F49777513%3A23320%2F22%3A43967191" target="_blank" >RIV/49777513:23320/22:43967191 - isvavai.cz</a>

Result on the web

<a href="https://rozkotova.cld.bz/CYIL-vol-13-2022/144/" target="_blank" >https://rozkotova.cld.bz/CYIL-vol-13-2022/144/</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

The Impartiality of Judge and the principle of presumption of Innocence in the light of recent ECtHR Case Law

Original language description

Th is study takes a closer look at the principles of impartiality of judges and the principle of presumption of innocence on the background of the recent case law of the European Court of Human Rights (hereinafter referred to as the ECtHR”). Specifi cally, it is a detailed analysis of the judgment in the case known as Mucha v. Slovakia,1 where, in the proceedings preceding that judgment, the ECtHR found a violation of Article 6(1) of the European Convention on Human Rights (hereinafter referred to as the “ECHR”) in relation to the complainant, who had been sentenced to a long term of imprisonment by the same court (a Chamber of the national court) which had previously approved a plea bargain with the other accomplices of the complainant. In the ECtHR’s view, the convictions which pproved the plea bargains with all the complainant’s co-perpetrators raised serious doubts about the impartiality of the court (i.e., the decision-making Chamber). Th e ECtHR was thus partly inspired by the case-law of the Court of Justice of the European Union, which raises the question whether this judgment will be confi rmed by the case-law of other European courts or not. Th is fact could result in a future change of the criminal procedure rules regarding the exclusion of judges from deciding in similar cases. Th e analysis of such a judgment is important not only for Slovak and Czech legal doctrine and practice, which are very similar for historical reasons, but also for the rules of criminal procedure in other countries of the Council of Europe and the European Union. At the same time, thanks to the judgment which is subject to the analysis, it is necessary to point out the prevailing mutual respect between the two European courts in terms of the results of their decisionmaking activities.

Czech name

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Czech description

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Type

J_SC - Article in a specialist periodical, which is included in the SCOPUS database

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2022

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Czech Yearbook of Public &amp; Private International Law

ISSN

1805-0565

e-ISSN

1805-0999

Volume of the periodical

13

Issue of the periodical within the volume

13

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

15

Pages from-to

144-158

UT code for WoS article

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EID of the result in the Scopus database

2-s2.0-85168489146