THE RIGHT TO A FAIR TRIAL

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Perepelchenko Anatolii

Specializes in criminal, civil and administrative law, recalculation of military pensions

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THE RIGHT TO A FAIR TRIAL

Reading time: 2 min.

 Article 6 of the European Convention on Human Rights protects your right to a fair trial. You have the right to a fair and open trial or hearing if you are charged with a felony and must go to court or a government agency makes a decision that affects your civil rights or obligations.

 What is a fair and public hearing?

 You have the right to a fair and public hearing that:

- carried out within a reasonable time frame;
- the right to be heard by an independent and impartial decision-maker;
- gives you all the information you need;
- open to the public (although the press and the public may be excluded in particularly sensitive cases);
- allows you to have an interpreter where needed, and a public decision follows.

 You also have the right to an explanation of how the court or decision-making body made its decision.

What rights do you have in criminal proceedings?

 You have the right:

- be considered innocent until proven guilty;
- as early as possible, what would you be told what you are accused of;
- to be silent;
- have enough time to prepare your case;
- for legal assistance (funding) of a lawyer, if you cannot afford it, and this is necessary to ensure justice;
- be present at your trial;
- get access to all the necessary information;
- to interrogate the main witness against you and call other witnesses;
- have an interpreter if you need one.

 Everyone should have equal access to the courts in accordance with the Human Rights Act. This includes the right to initiate a civil case (a case between individuals or organizations), although in some situations this right may be limited.

Are there any restrictions on this right?

 The right to a fair and public hearing does not always apply to cases involving:

- immigration law;
- issue;
- taxes and voting rights.

 There is also no automatic right to appeal (application to a higher court to overturn a lower court decision).

 Access to court may be restricted, for example, if you miss the deadline for filing a case.

 There are times when the public and the press are denied access to a hearing. This may be in the interest of protecting:

- morality;
- public order or national security;
- children and youth or confidentiality.

 The courts can also decide to exclude the public or the press if they consider their presence not in the interests of justice.

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Specializes in criminal, civil and administrative law, recalculation of military pensions

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