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 Written by George Kazoleas, Lawyer in Cyprus Article 47 of the EU Charter of Fundamental Rights, which enshrines the right to an effective remedy and to a fair trial, states that everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article (paragraph 1). This right is guaranteed without limitation to criminal charges and civil rights and obligations. As is well-known, the Charter applies at the national level only when Member States are implementing or derogating from EU law. This specific provision applies to all rights and freedoms deriving from EU law and corresponds to the rights provided for in Article 6, paragraph 1, of the ECHR (right to a fair administration of justice), ensuring, at a minimum, the protection afforded by Article 6 of the ECHR in relation to all rights and freedoms deriving from EU law. The purpose of this article is t...

 Written by George Kazoleas, Lawyer The right of the accused to speak last (the "Last Word Right") within criminal proceedings is a fundamental manifestation of the presumption of innocence and is enshrined in the criminal procedure systems of the vast majority of legal orders worldwide. The utility of this procedural rule is evident: it aims to achieve equality of arms by balancing the positions of the two parties – the prosecutor/complainant and the accused – before the court's final verdict. In Cypriot criminal procedure, a recent amendment sought to improve an anachronistic procedural provision that critically undermined the accused's right to defence. The Prior Legal Framework Before the amendment introduced by Law 130 of 2023, Article 74(2) of the Criminal Procedure Law stipulated the following: "In every trial, the prosecutor and the accused or their respective lawyers may introduce their case by explaining it in general terms, and at the end of th...