Published on 22 May 2023

SECOND SECTION

Application no. 47386/20 Stojan ANGELOV against North Macedonia lodged on 15 October 2020 communicated on 3 May 2023

SUBJECT MATTER OF THE CASE

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

In misdemeanour proceedings for breach of public peace and order the applicant, following an assessment of the circumstances of the case, was acquitted in a decision of 19 October 2018 by the Ministry of the Interior (MOI).

In criminal proceedings regarding the same incident courts at two levels of jurisdiction found the applicant guilty of breach of public safety and imposed a fine of 500 euros. The courts noted that the MOI’s decision was not to be regarded as final in accordance with the Criminal Proceedings Act and the ne bis in idem principle enshrined in the Convention.

The applicant, relying on Article 4 of Protocol No. 7 to the Convention, complains that he was convicted by the courts although he had been acquitted by a final decision for the same matter.

QUESTIONS TO THE PARTIES

Has the applicant been prosecuted or tried twice for the same offence in the territory of the respondent State, as prohibited by Article 4 § 1 of Protocol No. 7 to the Convention (see Sergey Zolotukhin v. Russia [GC], no. 14939/03, §§ 52 et seq., ECHR 2009, and Maresti v. Croatia , no. 55759/07, §§ 55-69, 25 June 2009)? In connection with the above, can the decision of 19 October 2018 be considered “final” within the meaning of the above provision (see Sergey Zolotukhin , cited above, §§ 107-08, and Mihalache v. Romania [GC], no. 54012/10, §§ 115-16, 8 July 2019)?