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CHAPTER VI
JUSTICE
Article 47
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the
Union are violated has the right to an effective remedy before a
tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable
time by an independent and impartial tribunal previously established
by law. Everyone shall have the possibility of being advised, defended
and represented.
Legal aid shall be made available to those who lack sufficient resources
insofar as such aid is necessary to ensure effective access to justice.
Article 48
Presumption of innocence and right of defence
- Everyone who has been charged shall be presumed innocent until
proved guilty according to law.
- Respect for the rights of the defence of anyone who has been
charged shall be guaranteed.
Article 49
Principles of legality and proportionality of criminal offences and penalties
- No one shall be held guilty of any criminal offence on account
of any act or omission which did not constitute a criminal offence
under national law or international law at the time when it was
committed. Nor shall a heavier penalty be imposed than that which
was applicable at the time the criminal offence was committed.
If, subsequent to the commission of a criminal offence, the law
provides for a lighter penalty, that penalty shall be applicable.
- This Article shall not prejudice the trial and punishment of
any person for any act or omission which, at the time when it
was committed, was criminal according to the general principles
recognised by the community of nations.
- The severity of penalties must not be disproportionate to the
criminal offence.
Article 50
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal
proceedings for an offence for which he or she has already been
finally acquitted or convicted within the Union in accordance with
the law.
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