Sentences with phrase «overall fairness of the proceedings»

[6] In its explanatory note to the proposal, the Commission also states that suspects not only should have an effective (Article 10), but also a specific and immediate remedy at any stage of the criminal proceedings when evidence is obtained in breach of the right to remain silence or the privilege not to incriminate oneself, save in very exceptional circumstances where the use of such evidence would not prejudice the overall fairness of the proceedings (§ 36 of the explanatory note).