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In the United States, prosecutors may try two cases which have contradictory theories—eg, a prosecutor may try both A and B for firing the same fatal shot, and both can be convicted (even though one must be innocent).

Are such inconsistent prosecutions allowed in countries signatory to the European Convention on Human Rights (ECHR)? Are they against the safeguards for a fair trial in Art 6 ECHR? Has the Strasbourg court ruled on this?

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  • IIRC, in Europe (as a general rule), prosecutors must be honest. In particular, in these cases it is obvious that there must be reasonable doubt with respect to both theories. An honest prosecutor therefore can not prosecute either case. US prosecutors are not so bound. – MSalters Apr 20 at 14:13

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