Equality of arms Sample Clauses

Equality of arms. 155. A restriction on the rights of the defence was found in Xxxxxxx v. Belgium, where the applicant was prevented from replying to submissions made by the avocat général before the Court of Cassation and had not been given a copy of the submissions beforehand. The inequality was exacerbated by the avocat général’s participation, in an advisory capacity, in the court’s deliberations. Similar circumstances have led to the finding of a violation of Article 6 § 1 concerning the failure to communicate the higher prosecutor’s observations on appeal to the defence (Xxxxxxxxx v. Croatia, §§ 44-50).
Sample 1
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