Information Note on the Court’s case-law 223
November 2018
Belobrov v. the Republic of Moldova (communicated case) - 17873/15
Article 1 of Protocol No. 4
Prohibition of imprisonment for debt
Conviction and prison sentence for fraud, after expiry of statute of limitations, on account of breach of contractual obligation: communicated
In his capacity as chief executive officer of a limited liability company, the applicant concluded a contract with a German company concerning the sale of a machine tool for the price of EUR 400,000. According to the contract, the price was to be paid in several instalments, the last to be paid after the shipment of the merchandise to the buyer. After having received two thirds of the price, a dispute concerning some defects of the respective machine tool arose between the parties and as a result of the conflict, the applicant refused to ship the merchandise as provided for in the contract until the payment of the last instalment was done. Since the German counterpart refused to comply, the applicant sold the machine tool to a third company.
The German counterpart lodged a criminal complaint, arguing that it did not have money for the court fees in civil proceedings. The applicant was convicted of fraud and sentenced to three years’ imprisonment. The courts also ordered the applicant to repay the German counterpart the money received in accordance with the contract.
The applicant complained under Article 1 of Protocol No. 4 that he had been imprisoned for a debt. He also complained under Articles 5 and 6 of the Convention that his detention and conviction had been unlawful and unfair because they had taken place after the expiry of the five years’ statute of limitations imposed by the Criminal Code.
Communicated under Articles 5 and 6 of the Convention and under Article 1 of Protocol No. 4.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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