Onder 4.19 Parket bij de Hoge Raad 22 april 2014

27. The Court reiterates that the criteria of applicability of Article 6 under its criminal head have long been established by its case-law as follows: (a) the domestic classification of the offence; (b) the nature of the offence; and (c) the degree of severity of the penalty that the person concerned risked incurring (see, among many other authorities, Engel and others v. the Netherlands, 8 June 1976, §§ 82-83, Series A no. 22, and Öztürk v. Germany, 21 February 1984, §§ 48-50, Series A no. 73). The second and third criteria are alternative and not necessarily cumulative. It is enough that the offence in question is by its nature to be regarded as criminal or that the offence renders the person liable to a penalty which by its nature and degree of severity belongs in the general criminal sphere. This does not exclude a cumulative approach where separate analysis of each criterion does not make it possible to reach a clear conclusion as to the existence of a criminal charge (see Ezeh and Connors v. the United Kingdom [GC], nos. 39665/98 and 40086/98, §§ 82-86, ECHR 2003-X). It is further noted that the Court has held that Article 6 of the Convention under its criminal head applies fully to proceedings concerning contempt of court in the context of criminal proceedings (see Kyprianou v. Cyprus [GC], no. 73797/01, § 61, ECHR 2005‑XIII).

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