Proceedings of the 17th International Academic Conference, Vienna

PRACTICES OF CASE PROCEEDINGS BY THE SUPREME COURT OF FINLAND, SUSPECT'S RIGHT TO DEFENCE BY MEANS OF LEGAL ASSISTANCE.

VLADIMIR JILKINE

Abstract:

The right to protection of the suspect or accused of a criminal offense established by the Council of Europe, the UN General Assembly and the European Court of Human Rights, is one of the basic constitutional guarantees, designed primarily to provide reliable protection of human rights in criminal proceedings. The practices of the European Court (the case-law of the European Court) should be a defining aspect in the interpretation of national provisions of the Convention. This article is dedicated to a problematic issue of protecting the rights of detained suspects and defendants in criminal proceedings of the national courts of Finland and the implementation of jurisprudence of the European Court of Human Rights, supported by the principles and standards of the International Covenant on Civil and Political Rights as well as the decisions of the UN Committee on Human Rights. The article analyses norms of international law, judicial precedent of the European Court of Human Rights in the decisions of the Supreme Court of Finland and the review of applications to rescind prior court decision on the basis of a ruling by the European Court of Human Rights.

Keywords: European Convention, international law, national law, the right to the protection of the suspect, a fair trial, the Supreme Court of Finland.

DOI: 10.20472/IAC.2015.017.036

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