Harvard Law School Jean Monnet Chair

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Danelius, Hans (1998), p. 136-138 and case Engel v. The Netherlands where the Court stated that relevant considerations when determining whether a measure falls under the concept criminal charge include the nature of the offence charged, the sanction imposed and the group to whom the offence applied. In the case Weber v. Switzerland where Weber had been fined 300 Swiss francs for breach of confidentiality of Court proceedings the Court affirmed the criteria set in Engel and concluded the fine fell under Art. 6. Case Demicoli v. Malta concerned a fine given for breach of privilege under ordinances governing procedure in Parliament. The fine was seen to fall under Article 6. Case Öztürk v. Germany involved an offence, which was not qualified under German law as criminal but as “regulatory” offence (Ordnungswidrigkeit). The Court established that it still was an offence including the possibility to impose a sanction, which confers a criminal character on the proceedings, and therefore it was covered by Art. 6.
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