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BOGATICOV v. THE REPUBLIC OF MOLDOVA

Doc ref: 48833/16 • ECHR ID: 001-202148

Document date: March 4, 2020

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BOGATICOV v. THE REPUBLIC OF MOLDOVA

Doc ref: 48833/16 • ECHR ID: 001-202148

Document date: March 4, 2020

Cited paragraphs only

Communicated on 4 March 2020 Published on 23 March 2020

SECOND SECTION

Application no. 48833/16 Maxim BOGATICOV against the Republic of Moldova lodged on 5 August 2016

SUBJECT MATTER OF THE CASE

The application concerns fairness of criminal proceedings against the applicant . Accused of causing the death of a person as a result of a car accident, the applicant was acquitted at first instance on the basis, inter alia , of several witness statements. However, he was convicted on appeal after the Court of Appeal gave a new interpretation to the evidence.

The applicant complains that the proceedings were not fair because the Court of Appeal convicted him without hearing anew the witnesses.

QUESTION TO THE PARTIES

Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention ( Dan v. Moldova , no. 8999/07, 5 July 2011 )?

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