Information Note on the Court’s case-law 53

May 2003

Franz Fischer v. Austria (dec.) - 27569/02

Decision 6.5.2003 [Section I]

Article 6

Criminal proceedings

Article 6-1

Criminal charge

Application for re-trial following ruling of European Court of Human Rights: inadmissible

In 2001, the European Court of Human Rights gave judgment in a case introduced by the applicant, finding that there had been a violation o f Article 4 of Protocol No. 7 in that the applicant had been tried and punished consecutively for two serious offences containing the same essential elements (No. 37950/97). The applicant requested a retrial in accordance with Article 363a of the Code of C riminal Procedure. The Supreme Court dismissed the application without a hearing.

Inadmissible under Article 6 § 1: Proceedings under Article 363a of the Code of Criminal Procedure were akin to an application to reopen criminal proceedings. This did not en tail the determination of a criminal charge and so Article 6 § 1 did not apply. Moreover, the Court had no jurisdiction to examine whether a state had observed the final judgment in a case to which it was party, this being the role of the Committee of Mini sters under Article 46 § 2 of the Convention:  incompatible ratione materiae .

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

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