Abstract
Art. 3 of Additional Protocol No. 7 (P7-3) contemplates miscarriage of justice strictly in criminal proceedings, that is, it is limited exclusively to recognising the right to compensation for damage resulting from the imposition of a criminal conviction as a result of a miscarriage of justice. In the area of criminal proceedings the provision only includes cases where the miscarriage of justice has been committed over the imposition of a punishment. To obtain recognition of the right, the following series of requirements laid down in P7-3 must be met: there must have been a final criminal conviction; the conviction must subsequently be reversed or pardoned; and the miscarriage of justice must become evident after a subsequent new fact or a previous, but newly discovered fact conclusively shows that there has been a miscarriage of justice. Keywords:criminal conviction; criminal proceedings; miscarriage of justice; punishment; right to be compensated
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