Right to Notice of Charges: Difference between revisions
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In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;" | In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;" | ||
== Examples of Right to | == Examples of Right to Notice of Charges == | ||
Revision as of 12:37, 21 May 2010
Background
In order for a prosecution to be fair, the defendant must be given an opportunity to defend his or herself against the state apparatus. One essential element of a fair trial is fair and adequate notice of what charges are being brought against the defendant. Notice should be given in writing, with adequate time for the defense to conduct independent investigation into the factual foundation of the charges.
International Sources
International Covenant on Civil and Political Rights
Article 14, Section 3-
In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;"
