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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
André Potocki, President, Yonko Grozev, Síofra O'Leary, Mārtiņš Mits, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, Lado Chanturia, judges, and Claudia Westerdiek, Section Registrar,
Article 18 - The obligation to elucidate the circumstances of a case in a complete, objective and thorough manner
"2. Factual circumstances of a criminal case should be examined [by an investigator, public prosecutor, judge and court] in a complete, objective and thorough manner. All the circumstances, both inculpating and exonerating the accused from the commission of an offence, aggravating and mitigating the criminal responsibility for the offence, must always be given equal consideration.
Every complaint and request made by a suspect, accused or his or her lawyer that is aimed at proving innocence or reducing guilt, shifting the criminal responsibility onto other people or pointing at possible procedural irregularities made during the criminal proceedings must always be carefully examined [by an investigator, public prosecutor, judge or court]."
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Common Room
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