BUTNARU AND BEJAN-PISER v. ROMANIA - 8516/07 - Chamber Judgment (French Text) [2015] ECHR 614 (23 June 2015)

BUTNARU AND BEJAN-PISER v. ROMANIA - 8516/07 - Chamber Judgment (French Text) [2015] ECHR 614 (23 June 2015)

The applicant was acquitted for acts of violence on 2 June 2004 and subsequently convicted for violent robbery based on the same acts of violence against the same victim on the same date. The facts underlying both proceedings were essentially the same, and the second prosecution and conviction violated Article 4 of...

Source-derived case information.

Citation
[2015] ECHR 614
Parties
Applicant: Cristina Butnaru; Applicant: David Bejan-Piser; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation found; partial satisfaction awarded
Legal Topics
Non Bis in Idem, Double Jeopardy, Article 4 Protocol 7 ECHR, Right to Fair Trial
Human Rights Law Criminal Law Non Bis in Idem Double Jeopardy Article 4 Protocol 7 ECHR Right to Fair Trial

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Parties

Cristina Butnaru

Applicant

David Bejan-Piser

Applicant

Government of Romania

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicant was prosecuted and punished twice for the same facts in violation of Article 4 of Protocol No. 7 to the Convention

Ratio Decidendi

The applicant was acquitted for acts of violence on 2 June 2004 and subsequently convicted for violent robbery based on the same acts of violence against the same victim on the same date. The facts underlying both proceedings were essentially the same, and the second prosecution and conviction violated Article 4 of Protocol No. 7 to the Convention.

Court Disposition

Violation found; partial satisfaction awarded

Orders

  • The application of David Bejan-Piser was struck out.
  • Cristina Butnaru's application was declared admissible as to Article 4 Protocol No. 7 and inadmissible as to the remainder.