The Exeptions of the right to appeal in criminal matters under Article 2 of Protocol No. 7 to the ECHR
Abstract
This study1 deals with exceptions of the right to appeal in criminal matters. This right is enshrined in Article 2 of Protocol No. 7 to the European Convention on Human Rights (ECHR).
The aim of this study is primarily to draw attention to the exceptions to the right of appeal in criminal matters, based on the available literature and not very rich case law of the ECtHR, to confront them with Czech law. The core of the paper presented is an analysis of Article 2(2) of Protocol No. 7 to the ECHR.
There are three exceptions concerning the right of appeal in criminal matters, which are regulated in Article 2(2) of Protocol No. 7 to the ECHR. Firstly, the exceptions apply to offences of a minor character, secondly, the situation where the first instance decision was made by the highest court authority, and finally, the conviction on the basis of an appeal against a judgement of acquittal.
Th e study concludes that the provision of Article 2 of Protocol No. 7 to the ECHR is an important provision, but it is not a firm guarantee, as an essential part of the regulation is left up to national law (§ 1) and there are specified several exceptions as well (§ 2). Czech law is taken into account in this study.