The resolution and legal qualification powers in the doctrine settled by the European Court of Human Rights: a comparison with the Chilean situation

Abstract

The present study focuses on the doctrine settled by European Court of Human Rights concerning the powers of resolution and legal qualification of the criminal justice judge. The analysis takes up a large timeline: starting with the Delcourt case in 1970 up to the Borisova case in 2006, where the court’s opinion established certain interpretations of the right to be heard in a fair and just process and the right to know the accusation in due time. Some normative criteria or principles can be extracted from this judicial development, which have an explanatory capacity that can be also projected towards some Chilean cases.