Right to a fair trial

The right to a fair trial ( " Fair Trial ") is a judicial moderate expression of the rule of law. The principle laid down in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Germany

General

In German constitutional law, the validity of a law is in the affirmative to a fair ( rule of law ) method.

It "is one of the fundamental principles of due process of law " and is classified as "general process of fundamental rights ".

His "roots" are seen in the rule of law (Article 20 § 3 of the Basic Law). This in conjunction " with the right of freedom and Article 1, Section 1 of the Basic Law " or (only ) in conjunction with the general right to freedom under Article 2, Section 1 of the Basic Law.

The right to a fair trial includes after the Constitutional Court "is not defined in detail orders or prohibitions; . Rather the concrete is required, depending on the factual circumstances a violation of the right to a fair trial is only present if an overall view on the procedural law in its interpretation and application by the specialized courts shows that the rule of law compelling conclusions have not been drawn or constitutionally indispensable has been abandoned "

At the general process fundamental right of a fair trial are " to measure all those restrictions which are not covered by the more specific procedural guarantees fundamental rights "

The right to a fair trial in criminal proceedings

In particular, in criminal proceedings, the principle is of great importance. The right to a fair trial is one of the fundamental principles of constitutional criminal procedure ).

These include in particular the right to be heard, the independence of the court, as well as an effective defense by a lawyer. Individual characteristics in criminal proceedings, the presumption of innocence and equality of arms between the prosecution and the accused.

In addition:

• " The usability of information unlawfully obtained or obtained shall be measured at right to a fair trial. "

• "The defendant must not only be the object of the proceedings; him must rather be given the opportunity to take to preserve his rights on the course and outcome of the process influence" )

• The admission of a co-plaintiff in the Code of Criminal Procedure does not violate the right to a fair trial

• The use of V- men and agents provocateurs to combat drug crime or terrorism does not violate the right to a fair trial