Criminal Procedure

Question 1

Niemietz

Answer 1

The ‘expectation of privacy for reasonable person’ extends to one’s business premises.

Question 2

Buck

Answer 2

Private life refers to the ‘expectation of privacy for a reasonable person’.

Question 3

Kruslin

Answer 3

For interference with private life to be lawful, there must be adequate guarantees against abuse such as authorisation, duration, judicial review.

Question 4

Czarnecki

Answer 4

Public grounds for PTD: risk of re-offending, risk of absconding, destruction of evidence, public order.

Question 5

Buzadji

Answer 5

For PTD to be lawful, it must be proportional and necessary + requires continuous reasoning.

Question 6

Salduz

Answer 6

Right to lawyer is triggered from the first interrogation unless there are compelling reasons + statements in lack are generally inadmissible.

Question 7

Zainchenko

Answer 7

Right to silence is triggered when an individual’s legal position significantly changes.

Question 8

O’Hara

Answer 8

‘Reasonable suspicion’ exists when according to the available information a reasonable person would believe a crime has been committed.

Question 9

Cavanaugh

Answer 9

Interrogation: when a person is questioned by law enforcement or authorities in a way that is intended to get information or admissions about a crime.

Question 10

Allen criteria

Answer 10

Improper compulsion:
- nature and degree of compulsion
- importance of the measure in public interest
- existence of procedural safeguards
- whether evidence was sole or decisive

Question 11

Ireland v UK

Answer 11

Prohibition of torture and inhuman & degrading treatment.

Question 12

Miller

Answer 12

Poor prison conditions and lack of proper medical care amount to inhuman and degrading treatment.

Question 13

Zaandam Style

Answer 13

Refers to detention methods that are excessively harsh or degrading.

Question 14

Ibrahim

Answer 14

Evidence obtained through temporary denial of a lawyer can be used in court if there are compelling reasons (like emergencies), the restriction is short-term, and it doesn’t affect the fairness of the trial.

Question 15

Al-Khawaja

Answer 15

The court allows the use of statements from absent witnesses (e.g., due to death) if there’s enough other evidence to ensure a fair trial under Article 6 of the ECHR.

Question 16

Schatschaschwilli

Answer 16

Witness statements from unavailable individuals (due to fear, health, or unreachability) can be used in court if there’s a valid reason for their absence and enough other evidence to ensure fairness.

Question 17

Rosin

Answer 17

Counterbalancing measures include opportunity for the defense to cross-examine witnesses in front of an investigative judge before the trial.

Question 18

Mattocchia

Answer 18

An indictment must be clear and understandable so the accused knows exactly what they are charged with, ensuring a fair trial.

Question 19

Prade

Answer 19

The use of illegally obtained evidence can affect the fairness of a trial, so the court must consider how it was obtained and its importance for the trial.

Question 20

Nitulescu

Answer 20

In deciding the admissibility of evidence, courts must ensure the defendant’s rights are respected, the evidence is reliable, and that prosecuting is necessary and serves the public interest.

Question 21

Jalloh

Answer 21

Inhuman and degrading treatment includes to induce vomit to get ingested drugs from suspect.

Question 22

Gäfgen

Answer 22

Evidence obtained through torture or threats of torture must be automatically excluded from trial.

Question 23

Beuze

Answer 23

Denial of a lawyer during key stages of a criminal case (like police interrogation) prejudices the right to a fair trial unless there are exceptional circumstances (Buck public grounds).

Question 24

R v Goldenberg

Answer 24

A drunk confession can still be used in court if it was made voluntarily and the person understood what they were saying, despite being intoxicated.