Communicated on 9 January 2015
FIRST SECTION
Application no. 23559/12
Marko MATAS against Croatia
and 4 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Croatian nationals. For the applicants’ personal details, the names of their representatives and the facts giving rise to their complaints, see the table annexed below.
COMPLAINTS
The applicants complain under Article 4 of Protocol No. 7 to the Convention that they were each twice tried or convicted of the same offence, first in the minor offences proceedings and then in the criminal proceedings.
COMMON QUESTION TO THE PARTIES
Was each applicant tried or punished twice for the same offence, as prohibited by Article 4 § 1 of Protocol No. 7?
APPENDIX
No.
Application no.
Lodged on
Applicant’s name and date of birth
Represented by
First proceedings
Second proceedings
23559/12
02/04/2012
Marko MATAS
20/01/1966
Ivica PARLOV
Minor offences proceedings for possession of drugs relating to the incident of 11 June 2008. Conviction of 5 September 2008.
Criminal proceedings for possession of drugs and drug trafficking, ending with the applicant’s conviction on 7 December 2010, instituted on 30 July 2008 in relation to, inter alia, the incident of 11 June 2008,. Final domestic decision: the decision of the Constitutional Court of 12 October 2011 (served on 30 October 2011).
37738/12*
28/05/2012
Boris LAMBAŠA*
03/07/1961
Andrej KORLJAN
Minor offences proceedings for tax evasion relating to non-payment of VAT for the year 2008 in the amount of HRK 78,606.20. Conviction of 28 April 2010.
Criminal proceedings for abuse of authority in business operations, instituted on 8 December 2010 in relation to, inter alia, non-payment of VAT for the year 2008 in the amount of HRK 78,606.20,. Final domestic decision: the decision of the Constitutional Court of 26 January 2012 (served on 20 February 2012).
50000/12
18/07/2012
Mario PETEK
08/12/1983
Rajko ČOGURIĆ
Minor offences proceedings for driving under the influence of alcohol relating to the incident of 15 July 2009. Conviction of 4 September 2009.
Criminal proceedings for causing a road traffic accident with a death consequence, ending with the applicant’s conviction on 26 April 2010, instituted on 1 October 2009 in relation to the incident of 15 July 2009. Final domestic decision: the decision of the Constitutional Court of 16 February 2012 (served on 2 March 2012).
79580/12
02/11/2012
Zdravko BOSANAC
14/08/1954
Branko POSAVČIĆ
Minor offences proceedings for driving under the influence of alcohol relating to the incident of 20 November 2008. Conviction of 7 September 2009 that became final on11 October 2011.
Criminal proceedings for causing a road traffic accident resulting in a serious bodily harm, ending with the applicant’s conviction on 5 April 2012, instituted on 27 February 2009 in relation to the incident of 20 November 2008. Final domestic decision: the decision of the Constitutional Court of 11 October 2012 (served on 25 October 2012).
73009/13
07/11/2013
Darko GRADINŠČAK
10/11/1972
Rajko MLINARIĆ
Minor offences proceedings for driving under the influence of alcohol relating to the incident of 9 October 2008. Conviction of 21 December 2008.
Criminal proceedings for causing a road traffic accident with a death consequence, ending with the applicant’s conviction on 4 October 2012, instituted on 30 October 2008 in relation to the incident of 9 October 2008,. Final domestic decision: the decision of the Constitutional Court of 6 May 2013 (served on 15 May 2013).
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