7th P – Article 4

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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Deprivation of citizenship due to terrorism-related offenses did not violate the right to privacy

JUDGMENT Ghoumid and others v. France  25.06.2020 (app. 52273/16, 52285/16, 52290/16, 52294/16 and 52302/16) see here SUMMARY The case concerned five individuals, formerly having dual nationality, who were convicted of participation in a criminal conspiracy to commit an act of terrorism. After serving their sentences they were released in 2009 and 2010, then stripped of […]

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Twice prosecution and punishment by criminal and administrative courts for hooliganism during a football match. Violation of the principle of ne bis in idem

JUDGMENT Velkov v. Bulgaria 21.07.2020 (app. no. 34503/10) see here  SUMMARY The case concerned the applicant’s complaint that he had been convicted twice of the same offence of breaching the peace during a football match. The Court found that, while there had been a close connection in time between the administrative and criminal proceedings against […]

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Lack of civilian service as an alternative to military service precluded recognition of conscientious objection, in breach of the Convention

JUDGMENT Mushfig Mammadov and others v. Azerbaijan 17.10.2019 (no. 14604/08) see here SUMMARY The case concerned the applicants’ refusal on religious grounds to serve in the army. The Court observed that the criminal prosecutions and convictions of the applicants on account of their refusal to perform military service had stemmed from the fact that there […]

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δικηγόρος

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

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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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δικηγόρος

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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ECHRCaseLaw

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