Communicated on 31 January 2020 Published on 17 February 2020

FOURTH SECTION

Application no. 31560/19 Dan- Traian LUPOU against Romania lodged on 4 June 2019

SUBJECT MATTER OF THE CASE

The application concerns the criminal proceedings opened by the domestic authorities against the applicant. The proceedings ended with the final judgment of the Cluj Court of Appeal of 15 January 2019 convicting the applicant of circulating counterfeit currency and sentencing him to two years and six months imprisonment, stayed. The applicant alleged under Article 6 of the Convention that the proceedings were unfair because the benches of judges which convicted him both at first and last-instance level allegedly failed to examine the essential evidence for his conviction directly, including to take evidence from witnesses A.M. and C.M.

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 of the Convention in so far as the benches of judges which convicted him both at first and last-instance level allegedly failed to examine the essential evidence for his conviction directly, including to take evidence from witnesses A.M. and C.M.?