Information Note on the Court’s case-law 188
August-September 2015
Lhermitte v. Belgium (referral) - 34238/09
Judgment 26.5.2015 [Section II]
Article 6
Criminal proceedings
Article 6-1
Fair hearing
Alleged lack of adequate procedural safeguards to enable accused to understand reasons for jury’s guilty verdict in assize court: case referred to the Grand Chamber
In 2008 the applicant was charged with the murder of her five children and tried by an assize court. She did not deny the offence but argued that she had been incapable of controlling her actions. Answering five questions put to it, a jury found the applicant guilty and the assize court, composed of three judges and the jury, sentenced her to life imprisonment. The Court of Cassation dismissed an appeal on points of law by the applicant.
The applicant complained before the Court that no reasons had been given for the jury’s guilty verdict and the judgment sentencing her.
In a judgment of 26 May 2015 (see Information Note 185) a Chamber of the Court held that there had been no violation of Article 6 § 1 of the Convention, finding in particular that the combination of the questions to the jury, the assize court’s sentencing judgment and the subsequent judgment of the Court of Cassation could have enabled the applicant to understand the reasons for her conviction.
On 14 September 2015 the case was referred to the Grand Chamber at the applicant’s request.
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This summary by the Registry does not bind the Court.
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