Here in the USofA the cornerstones of our justice system are 1) the presumption of innocence (innocent until proven guilty), the right of representation and protection from self incrimination, aka "the 5th". Right to a speedy trial is also a part, but in this context is meaningless.
With the Puerto Trial beginning I was wondering if they have "the 5th" in Spain?
I was hoping someone out there would know.
Thanks in advance.
The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
Source: http://en.wikipedia.org/wiki/Presumption_of_innocence
Article 47 of the Charter of Fundamental Rights of the European Union provides that legal aid will be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.
Source: http://en.wikipedia.org/wiki/Legal_aid
Self-incrimination: I do not know but I doubt that continental Europe would have a similar concept.
Yes, there is. Instead of saying "I plead the 5th" you say "yo soy tranquillo."
dkri, eso es muy gracioso, mi amigo!
Thanks for the citations OR. "The 5th" of course is intended to prevent a forced confession, by torture for example, but also to protect a witness from committing a crime. Not sure of the legal term. So if Dr. F is on the stand and is asked, "Did you (whatever)?" and he says "No, I never did (whatever)." He may have been coerced into committing perjury to defend himself.
Still wondering
I don't believe that it would be as explicit as in the US. However, the European Court of Human Rights has held that
the right to remain silent under police questioning and the privilege against self-incrimination are generally recognised international standards which lie at the heart of the notion of a fair procedure under Article 6
http://en.wikipedia.org/wiki/Right_to_silence
http://en.wikipedia.org/wiki/Article_6_of_the_European_Convention_on_Human_Rights
I am not a lawyer by any means, though.
FYI, here the 5th doesn't mean that anyone on the stand can simply invoke it at any time. For instance if the Defendant himself takes the stand and the prosecutor asks him questions allowable under cross examination rules, he cannot "take the 5th". That is why D's often refuse to testify... So if Spain does have a comparable 5th and Ferrari is on the stand in his own trial, it will be of no help...
sbcari,
Just to put a finer point on it, in your scenario the defendant would have had to take the stand voluntarily to begin with (I am assuming you are thinking criminal trial since you used "prosecutor" in your example and in criminal trials the defendant cannot be compelled to take the stand). And yes, if s/he does and gives testimony, anything that was testified to on direct under questioning by defense counsel is fair game on cross by the prosecution.
The 5th's protections apply outside of criminal proceedings as well. For example, if someone is testifying at a civil trial, where a defendant can be compelled to testify, they can take the 5th because their statements could subsequently be used against them in a criminal trial. An easy example would be a civil suit over a car accident and the defendant gets questioned about getting high or drinking during the civil suit.
Nobody expects the Spanish Inquisition . . .
Meanwhile in Belgium you simply don't show up.
http://www.cyclingnews.com/news/bruyneel-will-not-attend-belgian-federation-hearing
Easy...
The current case in the "Spanish Justice System" is about endangering the health of athletes. But in 7 years when they finally get around to looking into Operacion Galgo (Operation Greyhound) which has many of the same perps, it will be about the crime of doping.
LSD: Unfortunately, NOBODY expects the Spanish courts to do anything. Did I just hijack my own thread?
You must log in to post.
