Communicated on 29 October 2020 Published on 16 November 2020

SECOND SECTION

Application no. 27794/16 Boško RADANOVIĆ against Serbia lodged on 10 May 2016

SUBJECT MATTER OF THE CASE

In 2013 the applicant was found guilty of criminal damage and given judicial warning. The application raises issues concerning the principle of equality of arms because the submission (response to the applicant ’ s appeal) of the State Attorney ’ s Office to the Appeals Court in Novi Sad had not been communicated to the defence. On 10 December 2015 the Constitutional Court rendered a final decision in this case in which it failed to deal with this issue even though the applicant had raised it.

QUESTION TO THE PARTIES

Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected as regards the submission lodged by the State Attorney ’ s Office before the Appeals Court in Novi Sad (see Zahirović v. Croatia , no. 58590/11, §§ 42-43, 25 April 2013, and, mutatis mutandis , Andersena v. Latvia , no. 79441/17, §§ 87-92, 19 September 2019)?