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CJCE, 14 octobreOmega, aff. I, pt. Burgorgue-LarsenParis, Pedone,p. Voir par ex. RSJ nr.
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Une nouvelle grille de lecture des rapports de systèmes? Elle permet de repenser les rapports entre les ordres juridiques non plus en termes de conflits, non plus en termes de hiérarchie, mais en termes de respect eugenisme suisse anti aging de coexistence pacifiée.
Le sacrifice de la souveraineté permet sans doute de sauver les identités… § 3. Bonnet, Repenser les rapports entre ordres juridiques, Paris, Lextenso éditions,p. The Confrontation in the mirror of international documents and the European Court of Human Rights Associate professor dr.
Csaba FENYVESI Faculty of Law, University of Pécs ~ The Confrontation in the mirror of international documents and the European Court of Human Rights Abstract: In the past few years I surveyed eugenisme suisse anti aging my research the criminal procedure legal institution of justice, the confrontation confrontatiothe international and human rights documents eugenisme suisse anti aging concern in any forms, and the connected court practice of the European Court of Human Rights special decisions, interpretations, guidances.
Keywords: criminal procedure, human rights, European Court of Human Rights, confrontation, international research. Universal and international basic treaties, framework decisions The considerable and be of account list of documents, following the Hungarian proclaim, are the next: International Covenant on Civil and Political Rights, proclaimed in Hungary by the Law decree 8 in The Law Decree 3 in of the proclaim of international treaty against curel, inhuman or humiliating treatment.
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Act in The European convention on the prevention of torture and inhuman or humiliating treatment, created on 26 Novemberin Strassbourg, which established the European Control Commission, proclaimed by the III. Act in on the international criminal legal aid. The UN convention against the transnational organized crime, accepted in Convention by the Council about the mutual criminal legal aid among the states of European Union, according to the Articte 34 of the Treaty of EU 1st July The Europe Council framework decision of 13 June on the European warrant for arrest and the passing procedure among the member-states.
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The Europe Council framework decision of 22 July on the fight against child pornography and sexual exploitation of children. Europe Council Ministerial Committee recommendation No. R 80 11, on the imprisonment before judgement. Europe Council recommendation No. R 81 7, on the devices of easier ways of using jurisdiction.
R 82 17 on the imprisonment and treatment of dangerous convicts. R 83 2, on the legal defence of insanes and involuntary treatment in mental institution. R 86 12, on the other arrangements about reducing and prevention of overtaxing the courts.
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Europe Council Ministerial Committee recommendation no. R 87 18, on the simplification of criminal procedures.
R 95 12, on the control of criminal jurisdiction. European Union Council recommendation No. R 96 8, on the policy of criminal law in the changing Europe. R 97 13, on the right for defence and the intimidation of witnesses. European Convention on the mutual aid in criminal cases 2 AprilStrassbourg. Additional minutes on the mutual aid in criminal cases 17 March European Convention on the valid of international sentences 28 MayHague. European Convention on the offer of criminal procedure 15 MayStrassbourg.
European Convention on the liquidation of terrorism 27 JanuaryStrassbourg. Haguean Program on the advance success of the liberty, safety and law in the European Union NovemberPresidential Conclusions, Brussel. International documents connected to the confrontation Neither of the documents consist any particular formulations about confrontation, only we can conclude from connection and bond. The Convention protects, among others, the important rights in the view of confrontation, so: 1.
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Everybody has a right for his case have heard by an independent and impartial court in a fair and public way, being heard within reasonable time and give decision in his civil rights and obligations and in the substantiate of his criminal charge.
The judgement has to declare in public way but entering the courtroom can be prohibitated for the press and audience in under the whole period of hearing or partly if it is necessary in a democratic society cause the morality, public order or the national security, if the limits are important in the welfare of minors or the defence of the privacy of parties from procedure or if the court feels it necessary cause where the public can be dangerous for the welfare of jurisdiction.
Every suspects are innocent until his guilty have been stated by the law. Especially Article 3. The convention does not call the confrontation as an avaiable device for the accused and jurisdiction. It states to give only eugenisme suisse anti aging right of query to the accused, but there is no rule of the form, the time or the mode of action.
On the other side the fix of mode cannot be lucky cause the confrontation is an unknown and non-used device among some European states, as I presented it in chapter 3.
From Article 6 of the convention the following requirements can be eugenisme suisse anti aging on confrontation: - nor this proceedings can cause the unjustified draw of procedure and the unreasonable length of time, - the confrontation must be conduct in impartial way by the authority, - the presumption of innoncence have to be previal on the confrontation, - because the confrontation is a special form of interrogation in consequence of fair procedure, the accused has a right to take part in it, further silencing, to be passive on confrontation, RSJ nr.
Moreover for torturing, inhuman or humiliating treatment or discriminated among the rights of the convention. R 97 Also recognized in European relation showed by the recommendation. Special criminal procedure advices been drafted, which are able to action against intimidation, on the other hand they are able to make safe the fragile balance between the defence of public order and the defence of accused rights in a fair procedure.
Basicly making forward the conrtadictorial procedure, where the national court collects and examine the evidences on a public hearing, consider them in the presence of accused. But it does not mean that the witness must do his testify always in the courtroom, cause it is possible that he will be freightened or become under psychological influences. Thus on the efficient of witness-protection behalf advisable the use of video cameras or other technical tools what give the chance of following the events by the attendants, ther persons of procedure authorities and people, within the accused and his defending counsel.
It means Inginer aeronautic elvețian anti-îmbătrânire the details of witness will stay fully unknown before the accused eugenisme suisse anti aging allowed by eugenisme suisse anti aging court usually the fact of threat.
The anonymous witness allways means a risk-hiding eugenisme suisse anti aging since the defence is not able to check the accuracy, authenticity and the truth of testify. Among the risk: - the anonymous witness cannot be authentic cause subjective reasons connected to the past for example because of such circumstances e.
It is in sight from the last recommendation that it does not order or advice any compulsion of confrontation or right for direct question by accused exactly in the protection of witnesses mostly the most important witnesses. If the hide of witness not allowed but he needed it the recommendation will not advice the confront wiht witness in that case, too. Instead of it it supports to make more difficult the identify of witness by the defence in a way of hidding the face of witness, distort the voice of him or use audiovisual record or broadcast.
Many arrangemens needed to make it safe, especially with taking care, control and supervision, consultation, release on parole, family placing, general and professional educational programs and non-institutional solutions connected to these needed ot make arragements to have suitable welfare, social standing and treatment measured to the committed crime. The terminus is not in the convention.
I studied the prove and procedure rules regulating the operational estate of international courts standing and ad hoc tribunals by international documents. Neither investigation procedure consist the right for confrontation or the possibility of it for the court in procedure.
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On the other hand these are allowed by considering the defence of injured party and witnesses. I want to remark here that the confrontation also was not known on the Tribunal of Nurenberg, established after World War II, which was the historical preliminary of international criminal courts.
The interrogation of witnesses and accusedes executed by cross-questions as a hard American and English influences, which gave serious problems for the German defending counsels, who used to the continental comprehension3.
I states with the international documents, notified in the previous list, about the international criminal cooperation that all of them supports the omission of confrontation the direct confrontation between witnesses and accused or injured party in the maximum defence of witnesses.
After all of these we can say that in spite of that the confrontation is a living and used mode in the searching of justice in the most of European continental countries, but cannot find in international within European conventions and statutums, procedure recommendations and directives. Besides the Anglo-Saxon influences the omission procedure of confrontation helped by in our days too, an international level of the defence of witnesses and injured parties in serious crimes and sometimes the accusant partners and penitent pentinos, too.
I think we eugenisme suisse anti aging account on this influence for a long time. Within the rules of interrogation the witnesses are really important.
The EJEE, it does not name it, but draft the equal of arms in the terms of interrogation witnesses and the interrogation of experts. But the rights of accused about the interrogation of witnesses are non-absolute rights, in justified cases the restriction of it is acceptable. For example the witnesses and accusedes life and safe are protected by the Articles 2 and 8 of EJEE, so the fair procedure desires the balance masca de fata hidratanta facuta in casa welfares.