7th P – Article 4

Double conviction (imposition of fine and criminal penalty) for arbitrary construction. Violation of the ne bis in idem principle on the issue of construction fine and non-violation of the preservation fine

JUDGMENT Goulandris and Vardinogianni v. Greece 16.06.2022 (app. no. 1735/13)  SUMMARY Right of the person not to be tried or punished twice. The applicants Georgios Goulandris and Christianna Vardinogianni are a married couple, Greek nationals living in London. They were fined for building two stone walls on their property in Argolida without the required building […]

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The mistakes of prosecutors and judges must be borne by the state and not corrected to the detriment of the accused! Double conviction for driving without a license. Violation of the principle ne bis in idem.

JUDGMENT Stăvilă v. Romania 01.03.2022 (app. no. 23126/16) see here SUMMARY The applicant was referred to trial for driving without a license. The prosecutor terminated the criminal prosecution by order due to the non-seriousness of the crime and imposed an administrative fine. The appellate prosecutor annulled the order and remanded the case for trial. He […]

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Preventive detention of a mentally disturbed patient while he had already served a 20-year prison sentence. Multiple violations of the ECHR

JUDGMENT W.A. v. Switzerland 02.11.2021 (app. no. 38958/16) see here SUMMARY The case concerned the ordering of preventive detention in respect of W.A. – a man who had serious psychiatric issues – after he had served a 20-year sentence for two homicides. The Court found in essence that by this detention, ordered in a reopening […]

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Imposition of a fine for illegal use of heating oil as fuel and imposition of a fine as an administrative offense with an increase of 100% of the tax due. Violation of the principle ne bis in idem.

JUDGMENT Milošević v. Croatia 31.08.2021 (app. no. 12022/16) see here SUMMARY The right of every person not to be tried or punished twice for the same offense. The applicant was fined for using a type of heating oil for a purpose not permitted by excise law, namely as fuel for his vehicle. Three days later, […]

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Criminal proceedings for domestic violence against an accused were complementary and part of an integrated system of sanctions. No violation ne bis in idem

JUDGMENT Galović v. Croatia 31.08.2021 (app. no. 45512/11) see here SUMMARY Domestic violence. Ne bis in idem. A system of sanctions that was supplemented through more criminal proceedings. Convictions of the applicant for domestic violence in a number of criminal proceedings. The applicant alleged that he had been tried and convicted twice for the same […]

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The imposition of “penalty points” and the subsequent ban on driving due to violation of the traffic code, doen’t constitute a double sanction

JUDGMENT Matijašić v. Croatia 01.07.2021 (app. no. 38771/15) see here SUMMARY Prosecution and punishment for traffic offense. Later ban on driving due to “penalty points” that had been collected (point system). The applicant complained that he had been convicted twice in the same way for the same offense. The ECtHR declared the action inadmissible, as […]

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Double conviction by administrative and criminal court for the same act of bodily harm! Violation of the principle ne bis in idem

JUDGMENT Tsonyo Tsonev v. Bulgaria 06.04.2021 (app. no.  35623/11) see here SUMMARY The case concerned a complaint relating to the imposition of an administrative fine and a sentence of eighteen months’ imprisonment, essentially for the same offence. An initial judgment was delivered by the Court on 14 January 2010: Tsonyo Tsonev v. Bulgaria (no. 2). […]

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φυλακές

The conviction for fatal road accident did not violate the ne bis in idem principle because there had previously been a conviction for driving violations. Criminal prosecutions are complementary.

JUDGMENT Bajčić v. Croatia 08.10.2020 (app. no.  67334/13) see here  SUMMARY The case concerned the applicant’s complaint that he had been tried and punished twice for the same driving offence. In particular, he had first been convicted in minor offence proceedings for speeding and later on in criminal proceedings for causing a fatal road accident. […]

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The criminal conviction of doctors after their disciplinary conviction for suspension of medical practice did not violate the principle ne bis in idem

JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]

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Imposition of a minimum fine that was not criminal in nature and criminal conviction. Non-violation of the principle ne bis in idem

JUDGMENT Prina v. Romania 01.10.2020 (app. no. 37697/13) see here SUMMARY The case concerned two penalties imposed on the applicant for acts allegedly committed in his capacity as head of the city’s technical department: an administrative fine and a suspended prison sentence. The Court reiterated that the first paragraph of Article 4 of Protocol No. […]

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