Chapter i Fair Trial Standards: Scope of Application
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Article 15
“(1) No one shall be held guilty of any criminal offence on account of any act or omission
which did not constitute a criminal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the
offender shall benefit thereby.
“(2) Nothing in this article shall prejudice the trial and punishment of any person for any
act or omission which, at the time when it was committed, was criminal according to the
general principles of law recognized by the community of nations.”
ECHR
Article 6
“(1) In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly
but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles
or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice
the interests of justice.
“(2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty
according to law.
“(3) Everyone charged with a criminal offence has the following minimum rights:
“(a) to be informed promptly, in a language which he understands and in detail, of the nature
and cause of the accusation against him;
“(b) to have adequate time and facilities for the preparation of his defence;
“(c) to defend himself in person or through legal assistance of his own choosing or, if he has
not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
“(d) to examine or have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;
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