Communicated on 9 January 2015

FIRST SECTION

Application no . 23559/12 Marko MATAS against Croatia and 4 other applications (see list appended)

STATEMENT OF FACTS

The applicants are Croatian nationals. For the applicants ’ personal details, the names of their representatives and the facts giving rise to their complaints, see the table annexed below.

COMPLAINTS

The applicants complain under Article 4 of Protocol No. 7 to the Convention that they were each twice tried or convicted of the same offence, first in the minor offences proceedings and then in the criminal proceedings .

COMMON QUESTION TO THE PARTIES

Was each applicant tried or punished twice for the same offence, as prohibited by Article 4 § 1 of Protocol No. 7?

APPENDIX

No.

Application no.

Lodged on

Applicant ’ s name and date of birth

Represented by

First proceedings

Second proceedings

23559/12

02/04/2012

Marko MATAS

20/01/1966

Ivica PARLOV

Minor offences proceedings for possession of drugs relating to the incident of 11 June 2008. Conviction of 5 September 2008.

Criminal proceedings for possession of drugs and drug trafficking, ending with the applicant ’ s conviction on 7 December 2010, instituted on 30 July 2008 in relation to, inter alia , the incident of 11 June 2008,. Final domestic decision : the decision of the Constitutional Court of 12 October 2011 (served on 30 October 2011).

37738/12*

28/05/2012

Boris LAMBAÅ A*

03/07/1961

Andrej KORLJAN

Minor offences proceedings for tax evasion relating to non-payment of VAT for the year 2008 in the amount of HRK 78,606.20. Conviction of 28 April 2010.

Criminal proceedings for abuse of authority in business operations, instituted on 8 December 2010 in relation to, inter alia , non-payment of VAT for the year 2008 in the amount of HRK 78,606.20,. Final domestic decision : the decision of the Constitutional Court of 26 January 2012 (served on 20 February 2012).

50000/12

18/07/2012

Mario PETEK

08/12/1983

Rajko ČOGURIĆ

Minor offences proceedings for driving under the influence of alcohol relating to the incident of 15 July 2009. Conviction of 4 September 2009.

Criminal proceedings for causing a road traffic accident with a death consequence, ending with the applicant ’ s conviction on 26 April 2010, instituted on 1 October 2009 in relation to the incident of 15 July 2009. Final domestic decision : the decision of the Constitutional Court of 16 February 2012 (served on 2 March 2012).

79580/12

02/11/2012

Zdravko BOSANAC

14/08/1954

Branko POSAVČIĆ

Minor offences proceedings for driving under the influence of alcohol relating to the incident of 20 November 2008. Conviction of 7 September 2009 that became final on11 October 2011.

Criminal proceedings for causing a road traffic accident resulting in a serious bodily harm, ending with the applicant ’ s conviction on 5 April 2012, instituted on 27 February 2009 in relation to the incident of 20 November 2008. Final domestic decision : the decision of the Constitutional Court of 11 October 2012 (served on 25 October 2012).

73009/13

07/11/2013

Darko GRADINÅ ÄŒAK

10/11/1972

Rajko MLINARIĆ

Minor offences proceedings for driving under the influence of alcohol relating to the incident of 9 October 2008. Conviction of 21 December 2008.

Criminal proceedings for causing a road traffic accident with a death consequence, ending with the applicant ’ s conviction on 4 October 2012, instituted on 30 October 2008 in relation to the incident of 9 October 2008 ,. Final domestic decision : the decision of the Constitutional Court of 6 May 2013 (served on 15 May 2013).