ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1 17.

    There has accordingly been a violation of Article 1 of Protocol No. 1 to the Convention. II.     ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION 57.

    On the same day the Osijek County Court accepted the request of the State Attorney’s Office and ordered the applicant’s pre-trial detention under Article 123 § 1(1) of the Code of Criminal

Under Article 241 of the Code, the proceedings were suspended until the Constitutional Court had given its ruling. THE LAW I.     ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 33.

  312 at Izhevsk police station, a police officer, M., obtained from the applicant a confession to the crime, in accordance with Article   142 of the Code of Criminal Procedure of the Russian

(b)     Was the applicants’ pre-trial detention compatible with the requirements of Article   5   §   3 of the Convention?

In line with Article   6.147 § 2 of the Civil Code (see paragraph 38 below), when property subject to restitution is transferred and the person who transferred it has acted in good faith, he or she

  In particular, the parties are invited to answer this question taking into account, -     on the one hand, Article 100 of the Code of Criminal Procedure, which requires “concrete evidence

Lastly, the applicant complains under Article 13 that he did not have effective remedies in respect of his grievances under Articles 3 and 5 of the Convention concerning his alleged torture and unacknowledged

can last as long as there is need for it but not longer than provided under Article 133 of this Code.”

Apparently, at the time the arrest warrant was issued the applicant had a lawyer appointed for him, as required by Article   527 § 2 of the Code of Criminal Procedure. 9.

    Article 97 § 3 of the 1952 Code of Civil Procedure, superseded by Article 124 § 4 of the 2007 Code of Civil Procedure, provided that claims for judicial declarations that legally relevant

    Article 238 of the same Code empowered the criminal courts to refuse to admit any unlawfully obtained evidence.

The court held, with reference to, inter alia , Article 136 of Code of Criminal Procedure (“CCP” – see paragraph 26 below), that, since there was a reasonable suspicion that the applicant had committed

    Article 55 (1) of the Code of Criminal Procedure stipulates that a witness may refuse to answer any questions the reply to which would subject him, or one of his close relatives, to the risk

    On 31 October 2006 the High State Prosecutor charged eight defendants with reckless endangerment under Article 338 § 2 in connection with Article 327 §§ 1 and 3 of the Criminal Code (see

    Article 6.271 of the Civil Code, as in force from 1 July 2001, provides that damage caused by the unlawful acts of a public authority must be compensated for by the State, irrespective of

    On 22   November 2005, after the completion of a pre-investigation inquiry under Article   144 of the Code of Criminal procedure, the prosecutor of the Tulun inter ‑ district

    The relevant provisions of the Code of Criminal Procedure (2012), as in force at the material time, provided as follows: Article 433. Scope of a review by the court of cassation “1.