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Rulings issued in late October 2026 found that criminal-procedure standards were breached in separate cases involving Italy and Hungary, and that allegations of improper pressure linked to a judge’s public comments did not meet the court’s threshold. The decisions — published on October 22 and October 29, 2026 — addressed whether defendants had fair notice of criminal rules, whether judicial remarks amounted to unlawful influence, and when suspects may be questioned without a lawyer present.
Italy: conviction under unclear “Mafia” rules ruled a rights violation
The court found that Italy violated a businessman’s rights by convicting him under imprecise rules tied to Mafia-related offences, concluding the legal standard was not sufficiently clear to give the accused fair notice that his conduct was criminal. The decision noted there were dissenting opinions: some judges argued the businessman could have known his actions were criminal, but the majority concluded the statutory or doctrinal uncertainty meant the conviction breached his rights. The ruling preserves the distinction between majority findings and dissenting views in the published judgment.
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Judicial conduct: interview and colleague’s recorded remarks
In a separate finding, the court examined claims that a judge’s newspaper interview and a colleague’s recorded complaints had improperly pressured the proceedings. The court determined the newspaper interview took place after guilt had already been settled, and that the colleague’s recorded complaints did not establish improper pressure on the outcome. Those factual and temporal details were important to the court’s assessment that the comments did not amount to a rights violation in that case.
Hungary: questioning without counsel requires real emergency or informed waiver
EU judges found that suspects may be questioned without a lawyer only in narrow circumstances — specifically when there is a genuine emergency or when the suspect gives an informed and voluntary waiver of the right to legal assistance. The court also faulted Hungary’s safeguards for people who choose to forgo legal help, indicating that the protections in practice fell short of the required standard. The ruling underscores that waivers must be informed and that exceptions for emergencies must be genuine, rather than routine or hypothetical.
Taken together, the rulings emphasize procedural safeguards: criminal laws and interpretations must be sufficiently clear to give individuals fair notice of prohibited conduct, public or private comments by judicial figures will be judged in their factual context, and the right to legal assistance during questioning cannot be set aside without strict safeguards. The court’s published decisions include recorded dissenting views where present and attribute the conclusions to the panel that issued each finding.
