Information Note on the Court’s case-law 56

September 2003

Gabarri Moreno v. Spain - 68066/01

Judgment 22.7.2003 [Section IV]

Article 7

Article 7-1

Heavier penalty

Application of a heavier sentence than that provided by law: violation

Facts : The applicant was found guilty of the offence of heroin trafficking, with the mitigating circumstance that he was suffering from a mental disorder, and sentenced to eight years and one day in prison and to a fine. The applicant appealed to the Supreme Court but his appeal was dismissed.

Law : Article 7 – The applicant was liable to a prison sentence of between six years and one day and eight years. The requirement of legal certainty inherent in the lawfulness principle required the quantum   of the sentence to be rectified. That was not done. The applicant was therefore given a heavier sentence than that to which he was liable in respect of the offence of which he was convic ted.

Conclusion : violation (unanimous).

Article 41 – The Court awards the applicant EUR 1,000 for non-pecuniary damage. It awards costs

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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