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PAPAGEORGIOU v. GREECE

Doc ref: 44101/13 • ECHR ID: 001-186191

Document date: August 23, 2018

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PAPAGEORGIOU v. GREECE

Doc ref: 44101/13 • ECHR ID: 001-186191

Document date: August 23, 2018

Cited paragraphs only

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 o f a final civil court finding that the applicant was driving under the influence, following his acquittal by the crimin al 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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