Fair trial
S&P provides legal advice and representation before domestic and international courts on fair trial rights in criminal proceedings.
The lawyers at S&P have an outstanding reputation and experience in the field of fair trial rights in criminal proceedings. Our lawyers have been involved in some of the most important, complex and sensitive cases before the European Court of Human Rights and the UN Human Rights Committee.

Our lawyers have been involved in cutting-edge litigation concerning, inter alia:

  • the principle of impartiality and independence of the judiciary
  • presumption of innocence and statements of guilt during the criminal proceedings
  • adequacy of legal representation
  • failure to reopen the evidentiary phase in appellate proceedings in the event of an overturning of acquittal in the first instance
  • reopening of proceedings following a judgment of the European Court of Human Rights
  • equality of arms
  • conviction in absentia
  • reclassification of the offence
  • principle of ne bis in idem
  • reversal of the onus probandi in preventive measure proceedings
  • retrospective application of lex mitior
  • confiscation in the absence of a conviction
  • compensation for unlawful detention

In these areas, S&P offers a multidisciplinary approach and is specialized in providing assistance, also in close cooperation with domestic and foreign criminal law firms, in domestic criminal proceedings.

In addition, S&P represents also NGOs and associations in strategic litigations and in the filing of amicus curiae submissions, particularly before the Constitutional Court, the European Court of Human Rights and the UN Human Rights Committee.

Most relevant cases: