Type: Judgment

Authority: National Courts: Supreme Courts (Esthonia) - Vabariigi Riigikohus

Date: 06/02/2008

Subject: The Vabariigi Riigikohus has established that, by virtue of the principle of equality before the law and in the absence of express norms that exclude the benefit of retroactivity of the most favorable penalty, such benefit also applies to those who are already serving a sentence. The Court has reached such conclusion following the grounds of a previous decision (decision 3-1-2-10-02), where the matter was analyzed on the basis of procedural rights provided by the ECHR

Parties: Tartu County Court

Original language: Esthonian

Classification: Equality - Art. 20 Equality - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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