Стаття 4 Протоколу № 7 - Право не бути притягненим до суду або покараним двічі
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Справи, відібрані для оновлення Посібника із судової практики.
C.Y. v. Belgium, no. 19961/17
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
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
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
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
Limited reopening proceedings leading to subsequent preventive detention order for the same offences.
Judgment | Legal Summary
Galović v. Croatia, no. 45512/11
Dual proceedings in the context of domestic violence.
Judgment | Legal Summary
Matijašić v. Croatia (dec.), no. 38771/15
Applicability: penalty points for road-traffic offences and subsequent driving ban.
Decision
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
Sabalić v. Croatia, no. 50231/13
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
The right not to be tried or punished twice in a driving offence case.
Judgment
Prina v. Romania (dec.), no. 37697/13
Applicability: two penalties for acts by a public servant: an administrative fine and a suspended prison sentence.
Decision
Velkov v. Bulgaria, no. 34503/10
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
Applicability: deprivation of nationality on the basis of old terrorism conviction.
Judgment | Legal Summary