Published on 11 July 2022

FIRST SECTION

Application no. 35519/21 Danijel ZINAIĆ against Croatia lodged on 5 July 2021 communicated on 24 June 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s right not to be tried or punished twice for the same offence.

On 2 March 2017 the applicant was found guilty and fined EUR 100 in minor-offence proceedings of disturbing public peace and order by hitting a certain M.P. with a fist in the head on 17 August 2015 in Omišalj.

Subsequently, on 5 March 2020 the Rijeka Municipal Court found the applicant guilty in criminal proceedings and sentenced him to a four months’ suspended prison sentence of causing a bodily injury to M.P. by hitting him with a fist in the head on 17 August 2015 in Omišalj.

The applicant complains that he has been convicted twice for the same offence, contrary to Article 4 of Protocol No. 7 to the Convention.

QUESTION TO THE PARTIES

Has the applicant been convicted twice for the same offence in the territory of the respondent State, as prohibited by Article 4 § 1 of Protocol No. 7 (see Maresti v. Croatia , no. 55759/0725 June 2009; and Urh v. Croatia [Committee], no. 60130/16, 13 January 2022)?