An analysis of the right to a fair trial before the court of criminal inquiry

Abstract

This research looks at the potential consequences of a violation to a right to a fair trial of a discretionary system, including the possibility of false convictions and the violation of the rights of the accused. It's important to remember that a fair and impartial trial is efficient in practice for more than just the accused person's reputation. It also helps the legitimacy of the whole judicial system. The rule of law and societal stability depend on people having faith in the criminal justice system. People are less likely to respect and obey the law if they believe it is unjust or prejudiced, which may have serious repercussions for societal stability and cohesiveness. This study looks on the results of cases tried in Malta's Court of Criminal Inquiry and European Court jurisprudence to address these issues and to provide recommendations for making the trial process more fair. When deciding whether or not to apply Article 6, fairness is the most important consideration. However, there is no one, overarching criterion that can be used to define what constitutes a fair trial. Instead, it must be determined from the particular circumstances of each instance. The integrity of the criminal justice system as a whole is the Court's first priority. This study aims to analyse whether the right to a fair trial during the pre-trial phase is effective as is not an illusory right.