Podcast
Questions and Answers
What is the primary importance of the Right to challenge the prosecution witness?
What is the primary importance of the Right to challenge the prosecution witness?
Why does the ECtHR establish an autonomous notion of witnesses?
Why does the ECtHR establish an autonomous notion of witnesses?
What happens when a witness dies unexpectedly before the trial?
What happens when a witness dies unexpectedly before the trial?
Why is the Right to challenge the prosecution witness not an obligatory Right?
Why is the Right to challenge the prosecution witness not an obligatory Right?
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What is the issue with bringing old declarations into trial?
What is the issue with bringing old declarations into trial?
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What is the purpose of national laws providing mechanisms for the prosecution to bring old declarations into trial?
What is the purpose of national laws providing mechanisms for the prosecution to bring old declarations into trial?
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What is the implication of authorities not releasing seized money for years?
What is the implication of authorities not releasing seized money for years?
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What is the primary factor in determining the reasonableness of the time given in a trial?
What is the primary factor in determining the reasonableness of the time given in a trial?
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What is not a valid reason to blame the state for the delay in a trial?
What is not a valid reason to blame the state for the delay in a trial?
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What is an example of a violation of Article 6, as seen in the Rouille v. France case?
What is an example of a violation of Article 6, as seen in the Rouille v. France case?
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What is expected of the state in organizing criminal trials?
What is expected of the state in organizing criminal trials?
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How is the reasonable delay in a trial typically determined?
How is the reasonable delay in a trial typically determined?
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What is the main goal of the European arrest warrant as stated in the Framework Decision 2002/584/JHA?
What is the main goal of the European arrest warrant as stated in the Framework Decision 2002/584/JHA?
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What is the European arrest warrant defined as in Article 1 of the Framework Decision?
What is the European arrest warrant defined as in Article 1 of the Framework Decision?
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What is the purpose of the third paragraph of Article 1 of the Framework Decision?
What is the purpose of the third paragraph of Article 1 of the Framework Decision?
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What is the principle stated in Article 2, paragraph 1 of the Framework Decision?
What is the principle stated in Article 2, paragraph 1 of the Framework Decision?
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Why is the use of a European arrest warrant considered disproportionate in certain cases?
Why is the use of a European arrest warrant considered disproportionate in certain cases?
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What is the relationship between the European arrest warrant and the traditional extradition procedure?
What is the relationship between the European arrest warrant and the traditional extradition procedure?
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What is the primary purpose of a penalty in distinguishing criminal from fully administrative sections?
What is the primary purpose of a penalty in distinguishing criminal from fully administrative sections?
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When is a penalty considered to belong to the criminal sphere?
When is a penalty considered to belong to the criminal sphere?
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What is the significance of the nature and severity of the penalty?
What is the significance of the nature and severity of the penalty?
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What is the approach used when the criteria for determining a criminal charge are not met in a single criterion?
What is the approach used when the criteria for determining a criminal charge are not met in a single criterion?
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What is the guarantee provided by Article 6 in the context of a criminal charge?
What is the guarantee provided by Article 6 in the context of a criminal charge?
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What is the definition of a criminal charge according to the court?
What is the definition of a criminal charge according to the court?
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Which of the following offences is exempt from the principle of double criminality?
Which of the following offences is exempt from the principle of double criminality?
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On what grounds can the executing authorities refuse to execute the European arrest warrant?
On what grounds can the executing authorities refuse to execute the European arrest warrant?
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Under what condition can the interested person be prosecuted in the executing member state?
Under what condition can the interested person be prosecuted in the executing member state?
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What happens if the interested person does not appear at the trial in the state of the issuing authority?
What happens if the interested person does not appear at the trial in the state of the issuing authority?
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What is one circumstance where the sentence can be carried out in the state where the subject is?
What is one circumstance where the sentence can be carried out in the state where the subject is?
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What is a mandatory ground for refusing to execute the European arrest warrant?
What is a mandatory ground for refusing to execute the European arrest warrant?
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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
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Description
Understanding the purpose and nature of penalties in criminal law, distinguishing between criminal and administrative sections, and determining the severity of punishment.
