Onder 4.18 Parket bij de Hoge Raad 22 april 2014

These expressions are to be interpreted as having an "autonomous" meaning in the context of the Convention and not on the basis of their meaning in domestic law (see notably, mutatis mutandis, the Deweer judgment of 27 February 1980, Series A no. 35, p. 22, par. 42). The legislation of the State concerned is certainly relevant, but it provides no more than a starting point in ascertaining whether at any time there was a "criminal charge" against Mr. Adolf or he was "charged with a criminal offence" (see, mutatis mutandis, the Engel and others judgment of 8 June 1976, Series A no. 22, p. 35, par. 82, and the König judgment of 28 June 1978, Series A no. 27, p. 30, par. 89). The prominent place held in a democratic society by the right to a fair trial favours a "substantive", rather than a "formal", conception of the "charge" referred to by Article 6 (art. 6); it impels the Court to look behind the appearances and examine the realities of the procedure in question in order to determine whether there has been a "charge" within the meaning of Article 6 (art. 6) (see the above-mentioned Deweer judgment, p. 23, par. 44).

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