30 Questions
What is the primary importance of the Right to challenge the prosecution witness?
To contribute to the gathering of evidence at trial
Why does the ECtHR establish an autonomous notion of witnesses?
Because the court presides over many jurisdictions
What happens when a witness dies unexpectedly before the trial?
The prosecution can bring to trial old declarations from the preliminary phases
Why is the Right to challenge the prosecution witness not an obligatory Right?
Because it may not be possible to access the Right in certain conditions
What is the issue with bringing old declarations into trial?
There is no witness to challenge
What is the purpose of national laws providing mechanisms for the prosecution to bring old declarations into trial?
To protect the prosecution and the case from sudden events
What is the implication of authorities not releasing seized money for years?
An infringement on the right to property
What is the primary factor in determining the reasonableness of the time given in a trial?
The complexity of the case
What is not a valid reason to blame the state for the delay in a trial?
The defendant exercised all their defense rights
What is an example of a violation of Article 6, as seen in the Rouille v. France case?
Excessive length of the trial
What is expected of the state in organizing criminal trials?
To organize in such a way that trials are held in a reasonable amount of time
How is the reasonable delay in a trial typically determined?
By a nuanced consideration of three factors
What is the main goal of the European arrest warrant as stated in the Framework Decision 2002/584/JHA?
To simplify the traditional extradition procedure
What is the European arrest warrant defined as in Article 1 of the Framework Decision?
A judicial decision to obtain the presence of a person of interest
What is the purpose of the third paragraph of Article 1 of the Framework Decision?
To respect the fundamental rights and principles of member states
What is the principle stated in Article 2, paragraph 1 of the Framework Decision?
The principle of proportionality
Why is the use of a European arrest warrant considered disproportionate in certain cases?
Because it is used for minor offenses
What is the relationship between the European arrest warrant and the traditional extradition procedure?
The European arrest warrant replaces the traditional extradition procedure
What is the primary purpose of a penalty in distinguishing criminal from fully administrative sections?
To distinguish between criminal and fully administrative sections
When is a penalty considered to belong to the criminal sphere?
When the fine is intended for punishment and deterrence
What is the significance of the nature and severity of the penalty?
It ensures a fair trial guarantee
What is the approach used when the criteria for determining a criminal charge are not met in a single criterion?
Cumulative approach
What is the guarantee provided by Article 6 in the context of a criminal charge?
A fair trial in determination of a criminal judge
What is the definition of a criminal charge according to the court?
An official notification given to an individual by a competent authority of an allegation that he is suspected of committing a crime/criminal offence
Which of the following offences is exempt from the principle of double criminality?
Illicit trafficking in narcotic drugs and psychotropic substances
On what grounds can the executing authorities refuse to execute the European arrest warrant?
If the sentence is already served or may no longer be executed
Under what condition can the interested person be prosecuted in the executing member state?
If the interested person has been prosecuted in the executing member state for the same act
What happens if the interested person does not appear at the trial in the state of the issuing authority?
The execution of the warrant may be optionally refused
What is one circumstance where the sentence can be carried out in the state where the subject is?
If the interested person stays or is a citizen, or a resident of the executing member state
What is a mandatory ground for refusing to execute the European arrest warrant?
If the sentence is already served or may no longer be executed
Study Notes
Infringement on Right to Property
- Relevant authorities may not release seized money even after acquittal, infringing on the right to property
- Delay in releasing seized money can be counted when determining reasonable time for a decision
Assessment of Reasonable Time
- Reasonable delay is not a fixed number, but depends on 3 factors:
- Complexity of the case (e.g., number of charges, people involved, international nature of the proceeding)
- Defendant's conduct (e.g., fugitive status, dilatory actions)
- Authorities' conduct (e.g., organizing trials in a reasonable amount of time)
Right to Challenge Prosecution Witness
- Key to any adversarial trial system, allowing the defendant to challenge accusations in an open court
- Not an obligatory right and may not be possible in certain conditions
- ECtHR established an autonomous notion of witnesses, regardless of national law definitions
European Arrest Warrant
- Instrument based on mutual recognition, aiming to abolish traditional extradition procedures
- Defines a European arrest warrant as a judicial decision issued for 3 reasons:
- To obtain the presence of a person at trial
- To execute a sentence
- To execute a precautionary measure
- Fundamental rights and principles of member states must be respected
- Principle of proportionality applies, preventing the issuance of warrants for minor offenses
Conditions for European Arrest Warrant
- Purpose of penalty serves to distinguish criminal from administrative sections
- Nature and severity of the penalty are considered to guarantee a fair trial
- Criteria are alternative, not cumulative; if necessary, a cumulative approach may be used
Criminal Charge
- Autonomous concept in the convention, defined as official notification of an allegation
- Situation of the suspect is substantially affected by the suspicion
- Examples of offences not subject to the principle of double criminality:
- Illicit trafficking in narcotic drugs and psychotropic substances
- Grievous bodily injury
- Participation in a criminal organisation
Grounds for Non-Execution
- Refusal of execution limited to specific reasons, which must be explained by executing authorities
- Optional grounds for refusal:
- Sentence already served or no longer executable
- Interested person not criminally responsible
- Judicial authorities decided not to prosecute
- Interested person prosecuted for the same act in the executing member state
- No evidence acknowledging the proceedings
Understanding the purpose and nature of penalties in criminal law, distinguishing between criminal and administrative sections, and determining the severity of punishment.
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