Info: A girl so soft name of OCEANE is victim of greed of his mom and a justice always also biased and who does not listen to the calls of this little angel
This mother is not the suffering she gives.
This MOM does not see that this little angel asked his MOM to order to the war to his dad
This made me recall A Malagasy poem:
You father and you mother remember that your child does not request to come to the world
And that your regrets are not harmful to that that you have forth
This dad that I know and which I see his impotent suffering, before this Court that he had give custody, and now wants him removed by means can laudable and reprehensible judges / of a prefect / and his MOM before
Thejust act. Breach of the equality of arms = cause of nullity of the criminal procedure
Keywords: Education, application of Act (Prosecutor, motion, presence), hearing, Expert, nullity, right to a fair trial, the principle of equality of arms, right of the parties to be represented
The principle of equality of arms, as it follows from the requirement of a fair and adversarial procedure implies that the counsel of a party may have the right to attend the hearing of an expert carried out on requirements of the Prosecutor of the Republic in the presence of the
On a step rights of OCEANE
: By the decision of May 11, 2010, the Criminal Chamber recognizes that simple lack of knowledge of the rights of the defence, namely the principle of equality of arms, is likely to lead to the nullity of the criminal procedure, Article 6 of the European Convention of the rights of the human - right to a fair trial
"1. Everyone has the right that his case be heard fairly, publicly and in a timely, by a independent and impartial tribunal established by law, which will decide, or challenges on its rights and obligations of a civil nature, either the merits of any charge in a criminal case against it.". The judgment must be made publicly, but the courtroom access may be prohibited to the press and the public during all or part of the trial in the interests of morality, public order or national security in a democratic society, where the interests of juveniles or the protection of the privacy of the parties to the trial require, or to the extent deemed necessary by the Court, in special circumstances the advertising would be likely to impair the interests of justice.
2. Any person charged with an offence is presumed innocent until his guilt has been legally established.
3. Any accused is entitled including to:
(a) be informed, within the shortest time, in a language which he understands and in detail, the nature and the cause of the charge against him;
(b) have time and facilities necessary for the preparation of his defence;
(c) to defend itself or have the assistance of a defender of his choice and, if it does not have the means pay a defender, able to be assisted free of charge by a lawyer, when the interests of justice so require;
(d) query or question witnesses and to obtain the convening and the questioning of the witnesses in the same conditions as witnesses;
(e) to be assisted free of charge by an interpreter if he does not understand or speak the language used at the hearing. »
Article 82
"In his introductory address, and at any time the information by suppletive indictment, the Prosecutor of the Republic may request of the examining magistrate all acts appearing him useful to the manifestation of the truth and all necessary security measures.". It may also apply to attend the performance of the acts that it requires.
To this end, it can be communicate the procedure, to load it within 24 hours.
If it requires the placement or provisional detention of the person, its requirements should be written and motivated by reference to only the provisions of section 144.
If the investigating judge does not follow the requirements of the Prosecutor of the Republic, it must, without prejudice to the application of the provisions of article 137-4, make a reasoned order within five days of these requisitions.
If order of the investigating judge, the Prosecutor of the Republic may, within ten days, directly enter the House of the statement. The same is true if the judge of freedoms and detention, by the investigating judge, does not order within ten days of their seizin. »
Code of criminal procedure
Preliminary article
"I. - criminal proceedings must be fair and adversarial and maintain the balance of rights of the parties."
It must ensure the separation of the authorities responsible for public action and the authorities for judgment.
People in continuing and similar conditions for the same offences should be judged by the same rules.
II. - The judicial authority ensures information and the guarantee of the rights of victims in any criminal proceedings.
III. - Any suspected or prosecuted person is presumed innocent until his guilt has not been established. Violations of the presumption of innocence are prevented, repaired and repressed under the conditions provided by law.
It has the right to be informed of the charges against her and be assisted by a defender.
Measures of constraints which this person may be subject are taken on decision or under the effective control of the judicial authority. They must be strictly limited to the needs of the procedure, proportionate to the seriousness of the offence and does not infringe the dignity of the person.
It must be definitely held on the charge of which that person is in a reasonable time.
Any sentenced person has the right to have his conviction by another jurisdiction
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