Communicated on 28 August 2018

THIRD SECTION

Application no. 80929/17 Jackson Cesareo DIAZ GERMAN against Spain lodged on 18 November 2017

SUBJECT MATTER OF THE CASE

The application concerns the infringement of the principle of non-retroactivity of the criminal law. The applicant was convicted of two offences of sexual assault allegedly committed on 2 June 2010. He was sentenced to six years of imprisonment and also an accessory measure of probation ( libertad vigilada ) was imposed for a time lapse of five years. However, that accessory measure was introduced for crimes against sexual freedom by LO 5/2010, which entered into force on 23 December 2010, namely after the facts considered in the conviction.

QUESTION tO THE PARTIES

Does the imposition of the measure of libertad vigilada to the applicant amount to the imposition of a heavier penalty than the one which was applicable at the time of the commission of the offence in the present case, as proscribed by Article 7 of the Convention?