European Court of Human Rights Condemns France for its Contumacy Proceedings

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Tuesday, May 1, 2001
Author: 
François Serres
Volume: 
17
Issue: 
5
206
Abstract: 

On February 13th, 2001 the European Court of Human Rights decided on the Case of Krombach vs. France that the French procedure of contumacy, which allows a tribunal to sentence a defendant in his absence, constitutes a violation of the European Convention on Human Rights and did not respect the rules of a fair trial.
Facts were the following: Doctor Krombach, a German citizen, was prosecuted in Germany because of the death, in unexplained circumstances, of his stepdaughter. At the end of the investigation in Germany, German legal authorities established there was no case against him…[more]