Keywords
Summary

Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL PROVISIONS AS REGARDS CRIMINAL PROCEEDINGS - RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON IN CRIMINAL PROCEEDINGS RELATING TO AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED - CONCEPT OF AN ' ' OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED ' ' - INDEPENDENT CONCEPT - DEFINITION

( ART . II OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL PROVISIONS AS REGARDS CRIMINAL PROCEEDINGS - RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON IN CRIMINAL PROCEEDINGS RELATING TO AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED - SCOPE - CRIMINAL PROCEEDINGS RELATING TO AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED RAISING THE ISSUE OF THE ACCUSED ' S CIVIL LIABILITY

( ART . II OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 )

Summary

1 . THE CONCEPT OF AN OFFENCE WHICH WAS NOT INTENTIONALLY COMMITTED APPEARING IN ARTICLE II OF THE PROTOCOL ANNEXED TO THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE REGARDED AS AN INDEPENDENT CONCEPT WHICH MUST BE EXPLAINED BY REFERENCE , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO THE GENERAL PRINCIPLES WHICH THE NATIONAL LEGAL SYSTEMS HAVE IN COMMON . IT COVERS ANY OFFENCE THE LEGAL DEFINITION OF WHICH DOES NOT REQUIRE , EITHER EXPRESSLY OR AS APPEARS FROM THE NATURE OF THE OFFENCE DEFINED , THE EXISTENCE OF INTENT ON THE PART OF THE ACCUSED TO COMMIT THE PUNISHABLE ACT OR OMISSION .

2 . THE RIGHT TO BE DEFENDED WITHOUT APPEARING IN PERSON , GRANTED BY ARTICLE II OF THE AFOREMENTIONED PROTOCOL , APPLIES IN ALL CRIMINAL PROCEEDINGS CONCERNING OFFENCES WHICH WERE NOT INTENTIONALLY COMMITTED , IN WHICH THE ACCUSED ' S LIABILITY AT CIVIL LAW , ARISING FROM THE ELEMENTS OF THE OFFENCE FOR WHICH HE IS BEING PROSECUTED , IS IN QUESTION OR ON WHICH SUCH LIABILITY MIGHT SUBSEQUENTLY BE BASED .