European Court of Human Rights - case of De Salvador Torres v. Spain (1) (1996) (excerpts)

European Court of Human Rights - case of De Salvador Torres v. Spain (1) (1996) (excerpts)

(...)

33. In sum, as expressed by the Constitutional Court in its

decision of 20 July 1992 (see paragraph 13 above), the public nature

of the applicant's position was an element intrinsic to the original

accusation of embezzlement of public funds and hence known to the

applicant from the very outset of the proceedings. He must accordingly

be considered to have been aware of the possibility that the courts -

that is, the Audiencia Provincial and the Supreme Court - would find

that this underlying factual element could, in the less severe context

of simple embezzlement, constitute an aggravating circumstance for the

purpose of determining the sentence.


Therefore, the Court finds no infringement of the applicant's

right under Article 6 para. 3 (a) (art. 6-3-a) to be informed of the

nature and cause of the accusation against him.


FOR THESE REASONS, THE COURT UNANIMOUSLY


Holds that there has been no violation of Article 6 para. 3 (a)

of the Convention (art. 6-3-a).