Communicated on 23 August 2018
FIRST SECTION
Application no. 44101/13
Ilias PAPAGEORGIOU
against Greece
lodged on 5 July 2013
SUBJECT MATTER OF THE CASE
The application concerns the alleged violation of the presumption of innocence on account of a final civil court finding that the applicant was driving under the influence, following his acquittal by the criminal courts for the same offence.
QUESTIONS tO THE PARTIES
1. Is Article 6 § 2 applicable to the impugned proceedings (see Allen v. the United Kingdom [GC], no. 25424/09, §§ 92 -109, ECHR 2013)?
2. If so, having regard to the fact that the applicant was irrevocably acquitted of the offence of driving under the influence by judgment no. 93819/07 of the one-member Misdemeanour Court of Athens (C Section), has there been a violation of Article 6 § 2 on account of judgment no. 4800/2010 of the Athens Court of Appeal, as confirmed by judgment no. 215/2013 of the Court of Cassation, whereby the courts held that the applicant had been driving under the influence and that that fact had a causal link with the road accident caused?
The parties are requested to submit judgment no. 93819/07 of the one‑member Misdemeanour Court of Athens (C Section) and the relevant minutes of the applicant’s trial that took place on 24 October 2007.
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