DUMENIL v. FRANCE - 63418/13 (Judgment : Right to a fair trial : Fifth Section Committee) French Text [2021] ECHR 570 (24 June 2021)

DUMENIL v. FRANCE - 63418/13 (Judgment : Right to a fair trial : Fifth Section Committee) French Text [2021] ECHR 570 (24 June 2021)

The requalification of the criminal charge from 'banqueroute' to 'complicity in banqueroute' during appellate deliberation, without informing the applicant or allowing him to contest the new qualification, violated Article 6 §§ 1 and 3 a) and b) of the Convention, as it deprived him of the right to be informed of...

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Citation
[2021] ECHR 570
Parties
Applicant: Alain Dumenil; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 6 §§ 1 and 3 a) and b) ECHR found; application allowed.
Legal Topics
Right to a Fair Trial, Requalification of Criminal Charges, Procedural Fairness
Human Rights Criminal Law Right to a Fair Trial Requalification of Criminal Charges Procedural Fairness

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Parties

Alain Dumenil

Applicant

Republic of France

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether requalification of criminal charges during appellate deliberation without informing the accused violates Article 6 §§ 1 and 3 a) and b) of the Convention

Ratio Decidendi

The requalification of the criminal charge from 'banqueroute' to 'complicity in banqueroute' during appellate deliberation, without informing the applicant or allowing him to contest the new qualification, violated Article 6 §§ 1 and 3 a) and b) of the Convention, as it deprived him of the right to be informed of the accusation and to prepare his defense.

Court Disposition

Violation of Article 6 §§ 1 and 3 a) and b) ECHR found; application allowed.

Orders

  • The request is declared receivable.
  • Violation of Article 6 §§ 1 and 3 a) and b) ECHR is found.