Article 7 - No punishment without law

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Cases selected for updating the Case-Law Guide.

Sacharuk v. Lithuania, no. 39300/18


Conviction of Parliamentarian after the end of his term of office for voting for another parliamentarian who was absent with the latter’s identity card.

Chelleri and Others v. Croatia (dec.), nos. 49358/22 and 2 others


Convictions of Slovenian fishermen for minor offences in respect of activities in maritime waters in the area of the Piran Bay claimed by both Croatia and Slovenia.
Decision | Legal Summary

Jasuitis and Šimaitis v. Lithuania, nos. 28186/19 and 29092/19


Foreseeability of the applicants’ conviction of trafficking in human beings for recruiting young women to work as “web models” on a pornographic website.

Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20


Conviction for membership of an armed terrorist organisation based decisively on the use of an encrypted messaging application.
Judgment | Legal Summary

Kupinskyy v. Ukraine, no. 5084/18


Conversion, upon prisoner’s transfer, of a foreign reducible life sentence into an irreducible one due to unavailability of parole for life prisoners in his home State. Applicability and merits.
Judgment Legal Summary

Mørck Jensen v. Denmark, no. 60785/19


Conviction for breach of ban on entry and stay in a specific conflict zone, which was lifted at the time of the adjudication of the case following a change in the situation in that zone.
Judgment | Legal Summary

Kotlyar v. Russia, nos. 38825/16 and 2 others


Retroactive application of criminal law for deliberate false registration of immigrants at applicant’s property. 
JudgmentLegal Summary

Advisory opinion on the applicability of statutes of limitation to prosecution, conviction and punishment in respect of an offence constituting, in substance, an act of torture [GC], no. P16-2021-001


Applicability of a statute of limitations to the prosecution, conviction and punishment for an offence constituting, in substance, an act of torture.
Advisory opinion | Legal Summary

Milanković v. Croatia, no. 33351/20


Conviction for war crimes on the basis of command responsibility in an internal armed conflict.

Artsruni v. Armenia (dec.), no. 41126/13


Applicability: complaint concerning the classification of the offences of which the applicant had been convicted following a legislative change.

W.A. v. Switzerland, no. 38958/16


Subsequent order for preventive detention amounting to retrospective imposition of a "heavier penalty".
Judgment | Legal Summary

Norman v. the United Kingdom, no. 41387/17


Foreseeable prosecution of prison officer for providing information about prison to journalist in exchange for money.
Judgment | Legal Summary

Miniscalco v. Italy, no. 55093/13


Applicability: disqualification of a candidate in regional elections on account of final criminal conviction.
Judgment | Legal Summary

Galan v. Italy (dec.), no. 63772/16


Applicability: disqualification from standing for election and removal from elected office (Parliament) on account of criminal convictions for corruption and abuse of power.
Decision | Legal Summary

Timofeyev and Postupkin v. Russia, nos. 45431/14 and 22769/15


Applicability: administrative surveillance for preventive purposes, after convicted persons have served their sentences.
Judgment | Legal Summary

Gestur Jónsson and Ragnar Halldór Hall v. Iceland [GC], nos. 68273/14 and 68271/14


Applicability: fine imposed on lawyers for the non-attendance of lawyers at a hearing.
Judgment | Legal Summary

Advisory opinion concerning the use of the "blanket reference" or "legislation by reference" technique in the definition of an offence and the standards of comparison between the criminal law in force at the time of the commission of the offence and the amended criminal law [GC], no. P16-2019-001


Advisory opinion concerning the requirements of legal certainty and foreseeability and the principle of non-retroactivity of criminal law.
Advisory opinion Legal Summary  

Georgouleas and Nestoras v. Greece, nos. 44612/13 and 45831/13


Administrative fines imposed for market manipulation contrary to the stock exchange law. Applicability and merits.

Jidic v. Romania, no. 45776/16


New law opening possibility of a more lenient sentence under certain conditions that sentencing court did not find to have been met.
Judgment | Legal Summary

Platini v. Switzerland (dec.), no. 526/18


Applicability: disciplinary suspension in professional sports context.
Decision | Legal Summary 

Khodorkovskiy and Lebedev v. Russia (no. 2), nos. 51111/07 and 42757/07


Extensive and unforeseeable application of criminal law to valid civil-law transactions.

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