Maktouf and Damjanovic v Bosnia And Herzegovina: ECHR 18 Jul 2013

(Grand Chamber) The effect of the change was to alter the range for the defendant Maktouf (an accomplice) from 1-15 to 5-20 years. For the defendant Damjanovich (a principal) the range was altered from 5-15 to 10-20. Maktouf was expressly sentenced to the new minimum of five years, but the court could not go below that figure as previously it could have done. Damjanovich was sentenced to 11 years, just one year above the new minimum, and the Court was satisfied that if the old range had been treated as governing the case he might well have received less. Accordingly there were breaches of the lex gravior rule in article 7, although it did not follow that lower sentences ought to have been imposed: that was a matter for the sentencing court.

(2014) 58 EHRR 11, 2312/08 34179/08 – Grand Chamber Judgment, [2013] ECHR 703
European Convention on Human Rights
Human Rights
Cited by:
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Human Rights, Criminal Sentencing

Updated: 01 November 2021; Ref: scu.513600