FRAUMENS v. FRANCE - 30010/10 - HEJUD (French text) [2013] ECHR 27 (10 January 2013)

FRAUMENS v. FRANCE - 30010/10 - HEJUD (French text) [2013] ECHR 27 (10 January 2013)

The applicant did not have sufficient guarantees to understand the verdict of conviction, especially given the acquittal in first instance and subsequent conviction with a heavy sentence, and the combination of the indictment and jury questions was inadequate to meet Article 6 § 1 requirements.

Source-derived case information.

Citation
[2013] ECHR 27
Parties
Applicant: David Fraumens; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Motivation of Judicial Decisions, Violation of Article 6 of the European Convention on Human Rights
Criminal Law Human Rights Law Right to a Fair Trial Motivation of Judicial Decisions Violation of Article 6 of the European Convention on Human Rights

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Parties

David Fraumens

Applicant

Republic of France

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the absence of motivation in the assize court's judgment violated Article 6 § 1 of the Convention
  2. 2 Whether the applicant exhausted domestic remedies

Ratio Decidendi

The applicant did not have sufficient guarantees to understand the verdict of conviction, especially given the acquittal in first instance and subsequent conviction with a heavy sentence, and the combination of the indictment and jury questions was inadequate to meet Article 6 § 1 requirements.

Court Disposition

violation found

Orders

  • The respondent State must pay the applicant 2,000 EUR for moral damage.
  • The respondent State must pay the applicant 8,282 EUR for costs and expenses.