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European Observer on fundamental right's respect

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Case Law AP 325/08 (27/09/2013)

Type: Judgment

Authority: National Courts: Supreme Courts (Bosnia and Erzegovina) - Ustavni sud

Date: 09/27/2013

Subject: The Constitutional Court, in the light of the recent decision in the case Maktouf and Damjanović vs Bosnia-Herzegovina of the Court of Strasbourg, quashed the sentence of the Court of Bosnia and Herzegovina against the claimant to 10 years and six months’ imprisonment for the violation of article 7(1) of the ECHR, as a consequence of the retroactive application of the Criminal Code of 2003, which had not yet come into force when the crime was committed

Parties: Zoran Damjanovic

Original language: Bosniaco

Classification: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

Text download Bosniaco