Au cours de l'audience publique Mme B a lu son rapport et entendu : - Me Guil pour la commune de Plobalannec-Lesconil qui expose qu'il ne fait pas de doute que ce projet en secteur d'urbanisation diffuse

prise en la personne de son représentant légal en exercice 34, rue du commandant René Mouchotte 75014 PARIS représentée par la SCP GOUJON-MAURY, avocats au barreau de NIMES substituée par Me Céline GUILLE

. ; 2°) Madame Yvette Y..., épouse LE GUIL, demeurant ensemble à Quimper (Finistère), rue Stang Vian ; agissant tous deux personnellement et comme copropriétaires du CENTRE COMMERCIAL DU STANG VIAN, subrogés

[the applicant’s] guilt for the criminal offence under Article 159 § 3 ... is completely proven by the preponderance of evidence collected.” 14.

In neither case could the results which might reasonably be expected from these investigations have been of such a nature as to establish the applicant's guilt.

As for the pre-trial statements of witnesses A.B. and A.At., these had no connection with the establishment of the applicant’s guilt.

   Mr Wassink claimed in the first place 15,000 guilders for damage.

They did, on the other hand, claim financial compensation for twofold pecuniary damage: loss of earnings (31,429.56 guilders) allegedly suffered by Mr.

   The Government contended that Article 392 para. 1 of the Customs Code establishes not a presumption of guilt, but one of liability.

In the present case I am satisfied on the evidence that in fact the judge had not engaged in any pre-trial activity which involved an assessment of the probable guilt of the accused. 2.

    An inference from failure to give evidence cannot on its own prove guilt. That is expressly stated in section 38(3) of the Act. 4.

A conviction can never be safe if there is doubt about guilt. However, the converse is not true.

which had “marked” the apartment in a way that led to the conclusion that there had been a deceased person in the apartment; -     a copy of the documents that spoke against the applicant's guilt

  Furthermore, the Court considered that the terms used by the Indictment Division made a distinction, which the Court deemed artificial, between a finding of guilt and a finding that an offence had

  He submits that the Austrian courts infringed the principle of presumption of innocence in that they convicted him without having sufficient proof of his guilt.   2.

circumstance, the Supreme Court found that - notwithstanding the above corrections concerning the basis for determining the sentence - the sentence of life imprisonment was commensurate with the applicant's guilt

They could therefore constitute strong evidence of guilt (" gravi indizi di colpevolezza "), which is a prerequisite under Italian law for remanding an accused in custody.

       5a. if substantial doubts on the correctness of the decisive      facts on which the decision on the guilt is based arise from the    

of law, the applicant’s lawyer referred, inter alia , to the case-law of the European Court of Human Rights concerning violations of Articles 3 and 6 of the Convention, arguing that the applicant’s guilt