Ne bis in idem Archives

Ne bis in idem

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

7th P - Article 4
28/07/2020 07:05

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 […]

Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

Article 6 - Par. 1
26/01/2020 14:29

JUDGMENT Khodorkovskiy and Lebedev v. Russia 14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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

7th P - Article 4
12/10/2019 17:30

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 […]

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

7th P - Article 4
11/07/2019 12:48

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. […]

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

7th P - Article 4
11/11/2018 17:17

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 […]

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

7th P - Article 4
04/09/2018 06:25

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 […]

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

7th P - Article 4
27/08/2018 13:55

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 […]

No one can be tried twice for the same offense

7th P - Article 4
04/07/2018 11:54

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 […]