The contradictory principle of criminal proceedings in case law of ECHR

Abstrakt

This contribution deals with the European context (case law of ECHR) of the adversarial (contradictory) principle. The concept of the contradictory principle differs in the continental and Anglo-American (common law) models of criminal procedure.

First, the relationship between the principle of contradictory and the principle of equality of arms is discussed, then the relationship to the right of the accused to be present at the trial and finally the right to summon and adversarial questioning of a witness.

Klíčová slova

• the basic principles of criminal proceedings
• the contradictory process
• the principle of equality of arms
• the fair trial in criminal matters