In the ruling of 30.11.2001 the court predetermined the [applicant’s] guilt, finding that: ‘... [Mr] Romenskiy ha[d] committed a serious crime ...’ (trial hearing record, page   7)”. 13 .

    The prosecutor’s office of the Krasnodar Region also lodged an appeal, indicating that the applicant’s guilt had not been properly established on the strength of incriminating evidence.

) le 16 Avril 2015 par le Tribunal de Grande Instance de VERSAILLES N° Chambre : N° Section : N° RG : 13/04260 Expéditions exécutoires Expéditions Copies délivrées le : à : Me Elisa GUEILHERS

  The applicant could not assume that she had such a considerable knowledge of his case as to have a predetermined view on his guilt.

  (2) Where evidence is adduced proving a person’s guilt, the accused or the person charged with a criminal offence has the right to rebut the evidence.” THE LAW I.

He had admitted his guilt. He had taken part in individual and collective discussions, but without showing much interest. 48.

    The Court of Appeal also rejected the applicant’s suggestion that his guilt had been based exclusively on his confession of 5 June 2006.

In particular, the appellate court mentioned that the applicant’s guilt was confirmed by testimonies of Z. and B., as well as by reports from Officers S., Be., D. and Sh.

A particular feature of this case is the fact that the first statement made by the Bitola Court of Appeal attributing guilt for the misdemeanour was brought to the attention of the Supreme Court.

If evidence of guilt existed, the person charged with a criminal offence had the right to rebut it. 44.

evidence, Mr   Bernard’s lawyer requested in his submissions that a formal note be entered in the record to the effect that the experts had stated an opinion on the question of the applicant’s guilt

guilt had been established.

This does not include the finding of criminal guilt, which is not a constitutive element of a criminal offence according to German legal methodology (see paragraph 30 above).

The High Court did not therefore agree with the applicant’s opinion that her guilt had not been proven and found it established that the questions of guilt and sentencing had been decided on before the

    When determining a punishment, a court shall take into consideration: 1)     the dangerousness of the criminal act; 2)     the form and type of guilt; 3)    

The failure retrospectively to declare the applicant innocent could not be equated with an implied or express suspicion of guilt. 36.

    The measure in question was not a punitive one; its purpose was not to determine guilt but to recreate the status quo ante after criminal offences had been committed.

En l’affaire Guill c.

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