7th P – Article 4

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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. […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more
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 […]

read more

Χρησιμοποιούμε cookies για να σας προσφέρουμε καλύτερη εμπειρία στο διαδίκτυο. Συμφωνώντας, αποδέχεστε τη χρήση των cookies σύμφωνα με την Πολιτική Cookies.

Privacy Settings saved!
Ρυθμίσεις Απορρήτου

Όταν επισκέπτεστε μία ιστοσελίδα, μπορεί να λάβει κάποιες βασικές πληροφορίες από τον browser σας, κατά βάση υπό τη μορφή cookies. Εδώ μπορείτε να ρυθμίσετε τη συγκατάθεσή σας σε όλα αυτά.

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site.

We track anonymized user information to improve our website.
  • _ga
  • _gid
  • _gat

Decline all Services
Accept all Services