NCJ Number
32270
Journal
DELIKT EN DELINKWENT Volume: 6 Issue: 1 Dated: (JANUARY 1976) Pages: 17-33
Date Published
1976
Length
17 pages
Annotation
THE FAIR HEARING GUARANTEE MENTIONED IN THE EUROPEAN AGREEMENT ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS PROMISES AN ACCUSED THE RIGHT TO PRESENT HIS CASE AND REPLY TO ALL CHARGES BEFORE AN IMPARITAL JUDGE.
Abstract
THIS PRINCIPLE IS EQUIVALENT TO GUARANTEEING THE DEFENDANT 'EQUALITY OF WEAPONS' WITH THE PROSECUTION. THIS PRINCIPLE IS EMBODIED IN THE DUTCH CODE OF CRIMINAL PROCEDURE AS FAR AS COURT PROCEEDINGS ARE CONCERNED. HOWEVER, IT IS NOT EMOBDIED IN THE CODE AS FAR AS THE PHASES PRECEDING TRIAL ARE CONCERNED. THE AUTHOR SAYS THAT THIS DEFICIENCY SHOULD BE REPAIRED BY APPROPRIATE LEGISLATION. --IN DUTCH