LALIK v. POLAND - 47834/19 (Judgment : Article 6 - Right to a fair trial : First Section)

Art 6 � 3 (c) • Informal questioning of intoxicated applicant after arrest, without a lawyer and without sufficiently apprising him of his defence rights • Applicant�s statements noted in official note by a questioning officer and not in a formal record as per domestic law • Reliance by domestic courts on statements made at that stage in findings of guilt • Existing procedural guarantees insufficient in case circumstances • Criminal proceedings as a whole not considered as fair

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (First Section), sitting as a Chamber composed of:

��������� Marko Bo�njak , President , ��������� Krzysztof Wojtyczek, ��������� Alena Pol�čkov�, ��������� Ivana Jelić, ��������� Gilberto Felici, ��������� Erik Wennerstr�m, ��������� Raffaele Sabato , judges , and Liv Tigerstedt, Deputy Section Registrar,

the application (no. 47834/19) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by a Polish national, Mr Przemysław Lalik (�the applicant�), on 28 August 2019;