Criminal proceedings against Siegfried Ewald Rinkau. [1981] EUECJ R-157/80 (26 May 1981)

Criminal proceedings against Siegfried Ewald Rinkau. [1981] EUECJ R-157/80 (26 May 1981)

The expression 'offence which was not intentionally committed' in Article II of the Protocol covers any offence whose legal definition does not require intent, either expressly or by the nature of the offence. The right to be defended without appearing in person applies in all criminal proceedings for such offences where the accused's civil liability is or may be at issue.

Citation
[1981] EUECJ R-157/80
Parties
Accused: Siegfried Ewald Rinkau; Prosecutor: Public Prosecutor (Netherlands)
Jurisdiction
European Union
Judgment Date
26 May 1981
Procedural Posture
Reference for Preliminary Ruling (criminal) / Preliminary Ruling by ECJ on Questions From Hoge Raad (netherlands Supreme Court)
Outcome
Questions answered; interpretation provided to referring court.
Legal Topics
Interpretation of Article II of Protocol Annexed to Brussels Convention 1968, Right of Defence in Absentia, Distinction Between Intentional and Non Intentional Offences, Civil Liability Arising From Criminal Proceedings
European Union Law Criminal Law Civil Procedure Interpretation of Article II of Protocol Annexed to Brussels Convention 1968 Right of Defence in Absentia Distinction Between Intentional and Non Intentional Offences Civil Liability Arising From Criminal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Siegfried Ewald Rinkau

Accused

Public Prosecutor (Netherlands)

Prosecutor

Procedural Posture

Reference for Preliminary Ruling (criminal) / Preliminary Ruling by ECJ on Questions From Hoge Raad (netherlands Supreme Court)

Legal Issues

  1. 1 Meaning of 'offence which was not intentionally committed' in Article II of Protocol annexed to Brussels Convention 1968
  2. 2 Scope of right to be defended without appearing in person in criminal proceedings affecting civil liability

Ratio Decidendi

The expression 'offence which was not intentionally committed' in Article II of the Protocol covers any offence whose legal definition does not require intent, either expressly or by the nature of the offence. The right to be defended without appearing in person applies in all criminal proceedings for such offences where the accused's civil liability is or may be at issue.

Court Disposition

Questions answered; interpretation provided to referring court.

Orders

  • The expression 'offence which was not intentionally committed' covers any offence not requiring intent.
  • The right to be defended without appearing in person applies in all criminal proceedings for such offences where civil liability is or may be at issue.