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European Observer on fundamental right's respect

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Case Law 14939/2003 (10/02/2009)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 02/10/2009

Subject: The Court analyses the notion of “same fact” with regard to the prohibition of the bis in idem provided by art.4 of the Protocol n.7, accepting the thesis that there can be identity of facts independently from their juridical qualification, and that there can be essential elements common to different crimes

Parties: Zolotukhin c/ Russia

Classification: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence