PART II: THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION
TITLE VI - JUSTICE
ARTICLE II-107
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 II-108
Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall
be guaranteed.
ARTICLE II-109
Principles of legality and proportionality of criminal offences and penalties
1. 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.
2. 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.
3. The severity of penalties must not be disproportionate to the criminal offence.
ARTICLE II-110
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.