Ensuring the right to a fair trial within the documentation of the contravention through the lens of the provisions of the ECHR

oleh: Albert An

Format: Article
Diterbitkan: Universitatea de Studii Politice și Economice Europene "C. Stere" 2022-09-01

Deskripsi

Indisputably the right to a fair trial is one of the basic rights enjoyed by any person involved in a contravention process. Even if it is not directly enshrined in the contravention law, it is still found in the content of the law, its application being an obligation of the state authorities involved in carrying out the contravention process. Both the national jurisprudence and the ECtHR jurisprudence denote the role that this principle has in the administration of justice, its non-compliance having the consequence of harming the principles and fundamental rights guaranteed. Although the contravention presents a social danger that is reduced in relation to the crime, that fact must not influence the smooth progress of the contravention process, so that the investigating agent ignores the observance of all the principles established by law in the process of examining the contravention.