Published on 8 January 2024

FOURTH SECTION

Application no. 40994/21 Predrag ĆULIBRK against Serbia lodged on 5 August 2021 communicated on 7 December 2023

SUBJECT MATTER OF THE CASE

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

On 19 July 2007, in the misdemeanour proceedings, the applicant was found guilty of possession of undeclared goods (i.e. 4,689 boxes of cigarettes without import stamps) after having been stopped by the traffic police in March 2007. Consequently, he was fined RSD 30,000 (approximately EUR 260).

On 23 May 2011, in the criminal proceedings, the applicant was found guilty of distribution and concealment of the same kind of undeclared goods between January and March 2007 (including the aforementioned 4,689 boxes of cigarettes) and sentenced to one year of imprisonment.

The final domestic decision was rendered by the Constitutional Court on 18 March 2021 and served on the applicant on 16 April 2021.

The applicant complains, under Article 4 of Protocol No. 7, that he was convicted of the same offence twice.

QUESTION TO THE PARTIES

1. 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, for relevant principles, A and B v. Norway [GC], nos. 24130/11 and 29758/11, §§ 101-134, 15 November 2016; and see, mutatis mutandis , Bajčić v. Croatia , no. 67334/13, §§ 25-47, 8 October 2020; and Ruotsalainen v. Finland , no. 13079/03, §§ 41-56, 16 June 2009)?

The Government are requested to submit a copy of entire file no. 10-P-55/07 concerning misdemeanour proceedings and a copy of the entire criminal case file.