Communicated on 2 May 2017

FIRST SECTION

Application no s . 24705/16 and 24818/16 Paolo BERARDI and Davide MULARONI against San Marino lodged on 26 April 2016

The facts and complaints in th ese application s have been summarised in the Court ’ s decision, which is available in HUDOC.

QUESTIONS

1. Did the judgment of the Judge of Criminal Appeals of 12 January 2016 violate the first and the second applicants ’ right not to be punished without law under Article 7 of the Convention? In particular, was Article 373 of the Criminal Code, as amended by Article 79 (1) of Law No. 92 of 17 June 2008 applied retroactively in the first and second applicants ’ case?

2. Did the old formula of Article 373 of the Criminal Code (prior to the amendments of 2008) applied in conjunction with Article 50 of the Criminal Code provide for a more lenient penalty?