Résumé juridique - Décision relative à une demande d’avis consultatif formée en vertu du Protocole n° 16 concernant l’interprétation de l’article 4 du Protocole n° 7 à la Convention

• Opinion Number: P16-2023-002
• Respondent State: Estonia

Legal summary

February 2024

Decision on a request for an advisory opinion by the Supreme Court of Estonia

Request no. P16-2023-002

19.2.2024 [Panel of the Grand Chamber]

Legal summary

Article 4 of Protocol No. 7

Right not to be tried or punished twice

Advisory opinion request in respect of a discontinuance order by a public prosecutor did not concern an issue on which the requesting court would need the Court’s guidance: request rejected

Background and questions – The request was submitted by a panel of the Criminal Chamber of the Supreme Court of Estonia in the context of an appeal before it by a mayor who had been convicted of embezzlement and wilful breach of public procurement rules. At the pre-trial stage a district prosecutor had decided to terminate the proceedings in respect of the latter charge, but a senior...