Article 7 of the European Convention on Human Rights
Encyclopedia
Article 7 of the European Convention on Human Rights is an article of the European Convention on Human Rights
which prevents retrospective punishment for crimes.
The article states:
(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
(2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time it was committed, was criminal according to the general principles of law recognised by civilised nations.
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
which prevents retrospective punishment for crimes.
The article states:
(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
(2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time it was committed, was criminal according to the general principles of law recognised by civilised nations.
Case law
- Kokkinakis v. GreeceKokkinakis v. GreeceKokkinakis v. Greece is a landmark case of the European Court of Human Rights, decided in 1993 and concerning compatibility of certain sanctions for proselytism with Articles 7 and 9 of the European Convention on Human Rights....
(no violation found, 8:1) - Vassili Kononov (no violation found, 14:3)
- Nikola JorgicNikola JorgicNikola Jorgic is a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. In 1997, Nikola was convicted of genocide in Germany. This was the first conviction won against participants in the Bosnian Genocide...
(no violation found, unanimously) - Nikolay TessNikolay TessNikolay Tess was one of few functionaries in charge of political repressions in the former Soviet Union that were convicted for this activity....
(2008 - decision on admissibility postponed) - Mykolas BurokevičiusMykolas BurokeviciusMykolas Burokevičius is a communist political leader in Lithuania. After the Communist Party of Lithuania separated from the Communist Party of the Soviet Union , he established alternative pro-CPSU Communist Party of Lithuania in early 1990, and led it as the First Secretary of Central Committee...
(no violation found, unanimously)