Re MIRONKO
Article 81, paragraph 2, of Law No 22/2018 is unconstitutional as it denies the accused the right to be informed of the charges, to defend themselves, and to be represented by counsel, contrary to Article 29(1)(a) of the Constitution. The absence of a hearing before summary punishment for contempt in court violates fair trial guarantees. However, paragraph 1 of Article 81 does not contravene the Constitution regarding the allocation of jurisdiction or the right to appeal, as statutory law permits the court where contempt occurs to try the offence, and the limitation on appeal from the Supreme…
Source excerpt
- Fair trial rights
- Contempt of court
- Judicial independence
- Right to legal representation
- Right to be informed of charges
- Right to appeal