Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (1998) (excerpts)

Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (excerpts)

Explanatory Report

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17. This article recognises the right of everyone convicted of a criminal offence by a tribunal to have his conviction or sentence reviewed by a higher tribunal. It does not require that in every case he should be entitled to have both his conviction and sentence so reviewed. Thus, for example, if the person convicted has pleaded guilty to the offence charged, the right may be restricted to a review of his sentence. As compared with the wording of the corresponding provisions of the United Nations Covenant (Article 14, paragraph 5), the word "tribunal" has been added to show clearly that this provision does not concern offences which have been tried by bodies which are not tribunals within the meaning of Article 6 of the Convention.