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Old 12-24-2017, 12:56 PM   #1
kan 220
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Default Can EU invalidate or eliminate punishment due to confessing

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Are there any felonies for which the European Court of Human Rights can order the invalidation of any punishment due to confessing before a criminal prosecution? (without regards to other countries' but to its own internal laws)
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Old 12-24-2017, 06:52 PM   #2
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Default Re: Can EU invalidate or eliminate punishment due to confessing

I wish to inform you that Article 7 ECHR prohibits criminal convictions and sentencing without legal basis. In addition to that, it contains the principle that criminal laws have to be sufficiently clear and precise so as to enable individuals to ascertain which conduct constitutes a criminal offence and to foresee what the consequences of transgressions will be. Further, the penalty for criminal behavior must not be aggravated retroactively. The sanction meted out for a criminal offence must not be more severe than the one provided by law when the offence was committed.

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Old 12-25-2017, 10:34 AM   #3
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Default Re: Can EU invalidate or eliminate punishment due to confessing

I know that in some countries, if one could have been charged for a violation normally, it would've been 'acquited' given it would've confessed before any criminal prosecution. I would like to know if that is the same case with the ECHR or admitting does not help with anything.
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Old 12-27-2017, 10:24 AM   #4
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Default Re: Can EU invalidate or eliminate punishment due to confessing

The Court of Human Rights could not invalidate a proceedings before a local court for the reason of confession.
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Old 12-28-2017, 09:00 AM   #5
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Default Re: Can EU invalidate or eliminate punishment due to confessing

I understand that testifying against others and confessing before the Court are not guaranteeing acquitment just as some others do (under the condition of taking place before prosecution).
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Old 01-01-2018, 04:58 PM   #6
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Default Re: Can EU invalidate or eliminate punishment due to confessing

Any prosecutor can give leniency for participating or for volunteering information, but there is no EU law that says you will not still be punished.
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