THE PRINCIPLE OF FAIRNESS IN CRIMINAL PROCEEDINGS THROUGH RECENT JUDICIAL PRACTICE
THE PRINCIPLE OF FAIRNESS IN CRIMINAL PROCEEDINGS THROUGH RECENT JUDICIAL PRACTICE

Summary/Abstract: A study on the observance or not of the principle of fairness in criminal proceedings is required in the light of recent judicial practice, being necessary in order to be able to analyze the procedural position of both domestic and European courts, their rights and obligations, as well as the criminal consequences generated by court decisions pronounced in criminal matters. In this context, the article includes references to both domestic and international legal provisions in the matter, following how and in what ways these provisions are respected in the judicial practice of the courts. The principle of fairness in criminal proceedings, through its consecration both domestically and internationally, constitutes a guarantee that the procedural rights of persons involved in criminal proceedings are respected, with out differences, regardless of which is the Member State of the European Union, which has the competence to judge a criminaltrial. The fairness of criminal proceedings constitutes a guarantee offered by the regulation of this principle for the promotion, protection and full exercise and in conditions of equality and with respect for procedural guarantees and the rights of the parties and subjects of the proceedings, in all phases that make up the criminal process. In recent domestic and international practice, we have reported violations of legal provisions, as well as a failure to comply with those pronounced by the European Court of Human Rights in the matter, especially in the phase of enforcement of criminal court decisions, through international criminal judicial cooperation, which obliges us to reflect and exercise great caution.

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