Human Rights and Criminal Justice
The course in addition to the analysis of the meaning of the presumption of innocence is devoted to the discussion on limits of prosecuting crimes resulting from the states’ duty under the European Human Rights Convention to respect the right to privacy, family life and freedom of expression. Also the extent to which states have the duty to criminalize and prosecute certain conduct in order to comply with the ECHR will be dealt with. The prohibition of retroactive legislation and the limits of trial in absentia are to be discussed as well. In addition to the in depth analysis of the case law of the European Human Rights Court the relevant jurisprudence related to Articles 14 and 15 of the International Covenant on Civil and Political Rights shall also be referred to.
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