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Case Law 25575/2004 (11/12/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 12/11/2007

Subject: The applicant, Mauro Drassich, is an Italian national who was born in 1958 and lives in Trieste (Italy). The case concerned the Court of Cassation’s decision to reclassify the acts allegedly committed by the applicant, in the context of examining an objection that the offence of which he was accused was time-barred. The Court of Cassation justified its dismissal of that objection on the basis of the new classification of the acts. Considering that the applicant’s right to be informed in detail of the nature and cause of the accusation against him and his right to have adequate time and facilities for the preparation of his defence had been infringed, the Court concluded unanimously that there had been a violation of Article 6 § 3 (a) and (b), together with Article 6 § 1 (right to a fair trial).

Parties: Drassich c/ Italia

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal