Communicated on 1 March 2019

THIRD SECTION

Application no. 57699/13 Nenad AKSENTIJEVIĆ against Serbia lodged on 16 August 2013

SUBJECT MATTER OF THE CASE

The case primarily concerns the applicant ’ s complaint under Articles 6 and 7 of the Convention that he was sentenced to a longer prison term than the one which was applicable at the time of the commission of the property-related offences in question (see, for example and among other authorities, Ecer and Zeyrek v. Turkey , nos. 29295/95 and 29363/95, ECHR 2001 ‑ II, and Maktouf and Damjanović v. Bosnia and Herzegovina [GC], nos. 2312/08 and 34179/08, ECHR 2013 (extracts)). Specifically, based on the subsequently adopted criminal legislation the applicant was concurrently sentenced ( primenom odredaba o sticaju ) to 17 years and 9 months in prison which was in excess of the maximum prison sentence of 15 years provided for in the earlier Criminal Code.

QUESTIONS tO THE PARTIES

1. Was a heavier penalty imposed on the applicant than the one which was applicable at the time of the commission of the offences in the present case, as proscribed by Article 7 of the Convention (see, in particular, the judgments of the Court of First Instance, Prvi osnovni sud , and the Court of Appeal, Apelacioni sud , both based in Be lgrade, K.br. 19618/10 – Kv.br. 810/12 and Kž.1. 2691/12 of 26 March 2012 and 5 September 2012, respectively?

2. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention?