Respect for the right to a fair trial: Guarantees of reasonable time in Congolese criminal proceedings - Softcover

Matondo Nguvulu, Dieu Merci Joseph

Softcover

ISBN 10: 6208342821 ISBN 13: 9786208342821

Publisher: Our Knowledge Publishing, 2024

Synopsis

Since the advent of the 18th century, it is undeniable that every modern, civilized state has been addressing the issue of respect for the right to a fair trial. From the outset, any party involved in a trial must be given the opportunity to present its case under optimum conditions, and to await its fate within the legal timeframe. Whether we're talking about advocates of victim-centrism or defendant-centrism, compliance with the reasonable time requirement remains essential to guaranteeing a fair trial. There are three components of a fair trial, namely equality of arms and opportunity, respect for reasonable time limits and effective enforcement of judicial decisions. Our reflection concerns the second component, based on the question of respect for reasonable time limits in repressive matters in positive Congolese law, with reference to the case law of the European Court of Human Rights. From this, we have identified the mechanisms for protecting litigants from arbitrary exceeding of reasonable time limits, with a view to ensuring a fair trial for the parties involved.

Edition details

• Publisher: Our Knowledge Publishing
• Publication date: 2024
• Language: English
• ISBN 10: 6208342821
• ISBN 13: 9786208342821
• Binding: Paperback
• Number of pages: 52