Communicated on 31 August 2017
FIRST SECTION
Applications nos 53195/16 and 60130/16
Milovan IGNJATIĆ against Croatia
and Dragutin URH against Croatia
lodged on 5 September 2016 and 11 October 2016 respectively
SUBJECT MATTER OF THE CASES
The applications concern the applicants’ complaints under Article 4 of Protocol No. 7 to the Convention of the alleged breach of the ne bis in idem principle on the grounds that they were each tried or punished twice for the same offence, first in minor offences proceedings and subsequently in criminal proceedings.
The applicant in the first case (no. 53195/16) was acquitted in the minor offences proceedings for acting contrary to the Fire Protection Act concerning a fire incident on fishing boat “Gira”. The judgment at issue was given on 20 April 2009. On 22 September 2011, in the criminal proceedings, he was convicted of serious criminal offence against public safety related to the same incident. The criminal conviction became final on 18 July 2012.
The applicant in the second case (no. 60130/16) was convicted in the minor offences proceedings for minor offence against public peace and order concerning an incident which occurred on 21 April 2011. The conviction of 26 August 2011 became final on 23 February 2012. He was later convicted in the criminal proceedings for causing bodily injury related to the same incident. The conviction of 1 October 2014 became final on 26 March 2014.
QUESTION tO THE PARTIES
[in each case]
Was the applicant tried or punished twice for the same offence, contrary to Article 4 § 1 of Protocol No. 7?
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