Not exact matches
The obligation imposed on an individual to stand
criminal trial regardless
of previously established statutes
of limitations periods interferes undoubtedly with the fundamental right to effective judicial protection,
safeguarded by Article 47
of the Charter.
«It entrenches the effect
of the presumption
of innocence at the pre-
trial stage
of the
criminal trial process and
safeguards the liberty
of accused persons.»
Since the EU included
criminal law as a field
of cooperation, the UK showed a deep distrust in the fair
trial guarantees available in other member states, and demanded additional
safeguards.
The
safeguards of cross-examination and perjury are something, but that's really what happens after a
criminal trial goes ahead, not from the fact
of the complaint itself.
If the proceeding involved is
criminal, there must be a right to a jury
trial, a right to counsel, and all the other
safeguards necessary to assure due process
of law.
It constitutes a waiver not only
of the accused's right to require the Crown to prove guilt beyond a reasonable doubt by properly admissible evidence, but also
of the related procedural
safeguards in the
criminal trial process, some
of which are constitutionally enshrined and protected.
To preclude a civil litigant from relitigating an issue previously found against him in a
criminal prosecution is less severe than to preclude him from relitigating such an issue in successive civil
trials, for there are rigorous
safeguards against unjust conviction, including the requirements
of proof beyond a reasonable doubt and
of a unanimous verdict, the right to counsel, and a record paid for by the state on appeal.