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Article 7 - No punishment without law

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Cases selected for updating the Case-Law Guide.

Cesarano v. Italy, no. 71250/16

17.10.2024

Domestic courts’ refusal of the applicant’s request for a reduction of his life sentence to thirty years’ imprisonment after he had chosen to be tried under summary procedure when such procedure no longer entitled him to a sentence of thirty years’ imprisonment.
Judgment


Longo v. Italy (dec.), no. 35780/18

27.08.2024

Order for the demolition of a warehouse following unauthorised construction.
Decision


Yasak v. Türkiye, no. 17389/20 (pending before the GC)

27.08.2024

Conviction for membership of an armed terrorist organisation on account of activities carried out in secret by a senior officer of the organisation.
Judgment | Legal Summary


Saakashvili v. Georgia, nos. 6232/20 and 22394/20

23.05.2024

Conviction of former president of Georgia for abuse of official authority for granting a pardon during his presidency to high-ranking officials convicted of murder.
Judgment | Legal Summary


Sacharuk v. Lithuania, no. 39300/18

23.04.2024

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.
Judgment


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

16.04.2024

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

12.12.2023

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


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

26.09.2023

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

10.11.2022

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

18.10.2022

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

12.07.2022

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

26.04.2022

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

20.01.2022

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


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

30.11.2021

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


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

02.11.2021

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


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

06.07.2021

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

17.06.2021

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


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

18.05.2021

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

19.01.2021

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

22.12.2020

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

29.05.2020

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

28.05.2020

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


Jidic v. Romania, no. 45776/16

18.02.2020

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

11.02.2020

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


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

14.01.2020

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


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