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Article 4 of Protocol No. 7 - Right not to be tried or punished twice

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All Updates


Cases selected for updating the Case-Law Guide.

C.Y. v. Belgium, no. 19961/17

14.11.2023

Parallel criminal and administrative proceedings for having declared to the compulsory health care and compensation insurance services not provided and services not in compliance with the law.
Judgment


Vasile Sorin Marin v. Romania, no. 17412/16

03.10.2023

Duplication of proceedings, through an administrative fine and criminal proceedings, for socially offensive conduct that disturbed public order.
Judgment


Goulandris and Vardinogianni v. Greece, no. 1735/13

16.06.2022

Duplication of proceedings, through an administrative fine and criminal proceedings, for constructing stone walls in breach of building permit.
Judgment | Legal Summary


Stăvilă v. Romania, no. 23126/16

01.03.2022

Reopening of criminal proceedings and conviction for road traffic offence based on same case file without new evidence.
Judgment


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

02.11.2021

Limited reopening proceedings leading to subsequent preventive detention order for the same offences.
Judgment | Legal Summary


Galović v. Croatia, no. 45512/11

31.08.2021

Dual proceedings in the context of domestic violence.
Judgment | Legal Summary 


Matijašić v. Croatia (dec.), no. 38771/15

08.06.2021

Applicability: penalty points for road-traffic offences and subsequent driving ban.
Decision


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

19.01.2021

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


Sabalić v. Croatia, no. 50231/13

14.01.2021

The notion of "fundamental defect" in the proceedings, within the meaning of paragraph 2 of this Article.
Judgment | Legal Summary


Bajčić v. Croatia, no. 67334/13

08.10.2020

The right not to be tried or punished twice in a driving offence case. 
Judgment


Prina v. Romania (dec.), no. 37697/13

08.09.2020

Applicability: two penalties for acts by a public servant: an administrative fine and a suspended prison sentence.
Decision


Velkov v. Bulgaria, no. 34503/10

21.07.2020

Hooligan convicted twice of the same offence of breaching the peace during a football match. Applicability and merits.
Judgment


Ghoumid and Others v. France, nos. 52273/16 and 4 others

25.06.2020

Applicability: deprivation of nationality on the basis of old terrorism conviction.
JudgmentLegal Summary


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