Information Note on the Court’s case-law 190
November 2015
El Kaada v. Germany - 2130/10
Judgment 12.11.2015 [Section V]
Article 6
Article 6-2
Presumption of innocence
Revocation of order suspending prison sentence owing to revoking court’s “firm conviction” that defendant had committed further offence: violation
Facts – Section 26 § 1 (1) of the Juvenile Courts Act provides that an order suspending a custodial sentence shall be revoked if a young offender commits a (further) criminal offence during the period of probation.
The applicant was a juvenile. In 2008 he was convicted of various offences and given a two-year prison sentence, which was suspended. While on release on licence in respect of those offences he was arrested in connection with a further offence of burglary. Under questioning and in the absence of a lawyer he initially admitted the offence. However, he retracted his confession a few days later. The order suspending his original two-year sentence was subsequently revoked by a district court under section 26 § 1 (1) of the Juvenile Courts Act on the grounds that he had committed a further offence, as attested by his conf
