Tag: defence rights
JudgmentsDefendant has the right to refuse personal information to investigation authorities (Costitutional Court, 111/23).
Italian Constitutional Court stenghtend right to silence of the defendant in criminal proceedings which now covers personal information about the defendant as well.
JudgmentsMistakes of defense attorney prejudice definitively defendants rights (Cass. 18716/16)
Errors of defense attorney have consequences on defendants rights, since they dont' allow a new (correct) exercise of lost rights.
JudgmentsEU rights of the defence (CJEU, 550/07)
JudgmentsIgnorance of basic rules by defense attorney cannot prejudice rights of defendant (Cass. 35149/09)
Professional mistakes of the defense attorney cannot prejudice defense rigths.
JudgmentsDefense attorneys and rule of law (ECtHR, Elci vs Turkey, 2004)
The freedom of lawyers to practise their profession without undue hindrance is an essential component of a democratic society and a necessary prerequisite for the effective enforcement of the provisions of the Convention, in particular the guarantees of fair trial and the right to personal security.