On the Case Law of Courts from the Point of View of the Fair Trial Principles

Abstract

The Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) in the Article 6 declares the right to a fair trial which consists of several general guarantees. The presented paper analyses the criminal-procedural position of the accused in terms of decisions of the European Court of Human Rights, the Constitutional Court of the Slovak Republic and the courts in the Slovak Republic. It also tries to compare the given situation with the applicable Slovak legislation.

Keywords

• criminal law
• law enforcement authorities
• courts
• right to a defense
• principle of the presumption of innocence
• right to personal liberty
• rights of the accused and the victims (injured party)
• the slovak republic