The new process may therefore not be comparable to a guarantee for the prisoner that is given in France under Article 630 of the Code of Criminal Procedure, the first trial in absentia is held without the presence of lawyers in explicit violation of the right to defence enshrined in Article 6, paragraph 3 letter c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECtHR: Krombach v. France, application no. 29731/96). Following this ruling, France partly amended its default procedure by the 9 March 2004 "Perben II" Act, untenable for European standards on human rights.
The new process may not be comparable to a guarantee for French prisoners under Article 630 of their Criminal Procedure Code, allowing the first trial without lawyers and thus violating Article 6, paragraph 3 letter c) of the European Convention on Human Rights (ECtHR: Krombach v. France). Following this ruling, France revised its default procedure with the "Perben II" Act on March 9, 2004, which does not align with European human rights standards.