Type: Judgment

Authority: National Courts: Supreme Courts (Eire) - Supreme Court

Date: 06/10/2008

Subject: The Supreme Court has established that the attempt to celebrate the third trial based on the same charges is not illegitimate if in the previous proceedings the judges could not reach a verdict. According to the Court, such option must be excluded in the case the new trial, based on the concrete circumstances, could be considered unfair according to article 6 of the European Convention of Human Rights.

Parties: D.S. e The Judges of the Cork Circuit Court and the Director of Public Prosecutions

Original language: Irish

Classification: Freedoms - Art. 7 Privacy - Justice - Art. 47 Fair trial, public hearing - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

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