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Case Law 8927/11 (12/07/2016)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 07/12/2016

Subject: The judgment on the case of a person sentenced to life imprisonment for aggravated murder, after the decision of the Constitutional Court, which stated the constitutional illegitimacy of the death penalty: three months after such decision, a new law substituted the death penalty with life imprisonment and the applicant alleged that, since he had been sentenced during the three-month gap between the time when the death penalty had been abolished in Ukraine and life imprisonment had not yet been introduced, the court would have had no choice but to sentence him to a maximum of 15 years’ imprisonment; the Court rejected the application

Parties: Ruban c. Ucraina

Classification: Justice - Art. 49 Favor rei - Irretroactivity of criminal law