7th P – Article 4

The imposition of two sentences, administrative fine and imprisonment in different proceedings for the same offense violates the ne bis in idem principle

GRAND CHAMBER JUDGMENT Mihalache v. Romania 08-07-2019 (no. 54012/10)  see here SUMMARY Conviction the same accused in two sentences in different proceedings for the same offense and for the same facts. Refusal of the applicant to undergo a blood test as part of a police check to determine the level of alcohol in his blood. […]

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The imposition of a fine for stock market manipulation and the criminal prosecution for the same offense, consisted of violation of the principle “ ne bis in idem”

JUDGMENT  Nodet v. France  06.06.2019 (no. 47342/14) see here SUMMARY Excessive administrative fine for stock market manipulation. Alongside a criminal case was brought for the same case and a conviction followed. Clear prohibition of double conviction for the same offense. Principle ne bis in idem.The applicant, a financial analyst, was fined by the financial markets […]

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The administrative enforcement of a tax surcharge and the parallel criminal conviction for the same forgery violation violates the ne bis in idem principle. Fines and penalties are criminal in nature

JUDGMENT Bjarni Ármannsson v. Iceland  16.04.2019 (no. 72098/14) see here SUMMARY The imposition of tax surcharges and fines by the tax authorities is of a criminal nature. At the expense of the applicant, the tax authorities irrevocably charged a 25% surcharge on the tax due and paid them together with the taxes. At the same […]

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The anti-hooligan measure not to attend sports events is not criminal but preventive. Non-application of the ne bis in idem principle

JUDGMENT  Seražin v. Croatia  8.11.2018 (no. 19120/15) see here   SUMMARY The case concerned the measures used in Croatia to fight against hooliganism. Mr Seražin, the applicant, complained under Article 4 of Protocol No. 7 (right not to be tried or punished twice) that he had been prosecuted and convicted twice for causing disorder at a […]

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The right not to be tried or punished twice only applies to courts in one and the same State

JUDGMENT  Krombach v. France 29.03.2018 (no. 67521/14) see here SUMMARY  Ne bis in idem. The applicant was dismissed for negligence in Germany as a result of criminal proceedings against him because of non-existence of evidence and in France he was prosecuted and convicted. Application of freedom of movement under Article 4 of the 7th Additional Protocol […]

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δίκαιη δίκη

The perpetrator of eight terrorist attacks in Paris seeks protection in the ECHR

JUDGMENT  Ramda v. France 19.12.2017 (no. 78477/11) see here   SUMMARY  Accusations for terrorist attacks. The case concerned the reasoning of the judgment convicting the applicant delivered by an Assize Court composed exclusively of professional judges and compliance with the ne bis in idem principle in the case of a final conviction by the ordinary criminal […]

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No one can be tried twice for the same offense

JUDGMENT Šimkus v. Lithuania  13-06-2017 (no. 41788/11) see here  SUMMARY Ne bis in idem. Use of two different procedures (administrative and criminal) for the same facts and the same offense. The applicant was convicted in administrative proceedings for deceptive behavior in a hospital and at the same time a criminal proceeding was initiated for the […]

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δίκαιη δίκη

Convictions at the administrative and criminal level for the same facts are in breach of the principle of the prohibition of double prosecution or conviction

JUDGMENT Johannesson and others v. Iceland 18-05-2017 (no. 22007/11) see here  SUMMARY Ne bis in idem. The procedure concerning fines is of a criminal nature. Criminal and administrative proceedings for the same facts. Initiation of two criminal and administrative proceedings against the applicants for the same facts (imposing fines for non-tax income declaration and for […]

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