Defective trial recordings and impaired defence rights

Supreme Court · Second Chamber (Penal) · 2017

What the Supreme Court considered and decided

The Supreme Court annulled a trial because faulty recordings prevented review of relevant disputed issues on appeal. It ordered a new trial before different judges with proper recording of the proceedings.

What this helps explain

Irregularity must be related to a material defencelessness; not any technical defect has the same effect.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.