Information Note on the Court’s case-law 216
March 2018
Mihalache v. Romania (relinquishment) - 54012/10
Article 4 of Protocol No. 7
Right not to be tried or punished twice
Decision to withdraw administrative fine and replace it with criminal prosecution:relinquishment in favour of the Grand Chamber
In August 2008 the prosecution, on the grounds that the acts committed were not sufficiently serious to constitute an offence, closed the criminal proceedings against the applicant, imposing an administrative fine. The applicant did not contest that decision within the twenty-day time-limit laid down in domestic law and paid the fine.
A few months later, considering that, in view of the degree of danger to society and the acts of which the applicant was accused (refusal to undergo biological testing to determine his blood alcohol level), the administrative fine had been inappropriate, the higher-ranking prosecutor’s office set aside the decision to discontinue proceedings and the administrative fine. The applicant was committed for trial and sentenced to a suspended term of one year’s imprisonment: the court ruled that non bis in idem was an invalid plea in this case.
Before the European Court the parties disagree on the questions whether the case concerns a straightforward continuation or a full-scale reopening of the criminal proceedings and, in the latter situation, whether such reopening was justified.
On 27 March 2018 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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