Articles 2, 3, 4 and 5 of Protocol No. 7

Gerhard Kreutzer

Chapter 22 in The European Convention on Human Rights: Volume I, Substantive Rights, 2026, pp 783-802 from Edward Elgar Publishing

Abstract: Protocol No. 7, Article 2: Right of appeal in criminal matters, Protocol No. 7, Article 3: Compensation for wrongful conviction, Protocol No. 7, Article 4: Right not to be tried or punished twice, Protocol No. 7, Article 5: Equality between spouses provides an overview of the Court's case-law on the right to have one's conviction or sentence reviewed by a higher tribunal, subject to exceptions set out in Protocol No. 7, Article 2(2). The chapter further includes relevant cases concerning compensation in case of reversal of conviction or miscarriage of justice, and the ne bis in idem principle.

Keywords: Right of Appeal; Compensation for Wrongful Conviction; Right Not to be Tried Twice; Right Not to be Punished Twice; Equality between Spouses; Ne Bis in Idem; Identical Facts; Essentially the Same; Acquittal; Conviction; Final Decision (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035348961
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