7th P - Article 2 Archives

7th P – Article 2

The inability to examine in the second instance the imposition of a disproportionate customs fine, which was characterized like a criminal sanction, violated the ECHR

7th P - Article 2
August 31, 2020 6:59 am

JUDGMENT Saquetti Iglesias v. Spain 30.06.2020 (app. no. 50514/13) see here SUMMARY Undeclared transfer of 150,000 euros. Customs control and imposition of a huge fine, equal to the amount transferred. Criminal nature of the fine. Right to dual degree of jurisdiction in criminal matters. Impossibility of examination in a second instance jurisdiction, a heavy customs […]

Ex officio appointment of lawyers and non-acceptance of their appointment. The lawyers were sentenced to a fine in absentia for contempt of the Court. No infringement of the ECHR.

7th P - Article 2
October 31, 2018 12:55 pm

JUDGMENT Gestur Jónsson and Ragnar Halldór Hall v. Iceland 30.10.2018 (no. 68273/14 and 68271/14) see here PROVISIONS Article 6 Article 7 Article 2 of Protocol n. 7 SUMMARY The case concerned the imposition of fines on the applicants after they resigned as defence counsel in a criminal case. The Court found in particular that the […]

Sentence to detention for the offense of contempt of the court

7th P - Article 2
August 31, 2018 9:44 am

JUDGMENT Mikhaylova v. Ukraine 6.3.2018 (no. 10644/08) see here SUMMARY The applicant told the Judge who chaired “I do not know any case where you have made a lawful decision” and that “the law does not mean anything for you.” She was referred to trial for contempt of court and sentenced by another judge to […]

Can the delay in the trial of a prisoner’s appeal lead to a higher penalty due to a conditional early release?

7th P - Article 2
August 21, 2018 9:23 am

JUDGMENT Fırat v. Greece 9.11.2017 (no. 46005/11) see here SUMMARY The case concerned criminal proceedings relating to the conviction of a migrant smuggler who complained, firstly, of the length of the criminal proceedings before the Court of Appeal and the lack of a remedy by which to assert that complaint, and secondly, of having served […]

The deprivation of an accused of the appeal violates the ECHR

7th P - Article 2
July 27, 2018 12:40 pm

JUDGMENT Rostovtsev v. Ukraine 25-07-2017 (no. 2728/16) see here SUMMARY The case concerned the applicant’s complaint that he was not allowed to appeal against the conviction with regard to possession of drugs. Based on Article 2 of the 7th Protocol (right to double jurisdiction in criminal matters), Mr Rostovtsev complained that he had been deprived […]