COMPLAINT The applicant complains under Article 10 of the Convention that his conviction constituted a violation of his right to freedom of expression.

their roles, and given the fact that AGEC could be characterised, in substance, as part of a public administration (in the form of a “non-economic public entity”; ente pubblico non economico ), the constitutive

While some aspects of the applicant’s wrongdoing had probably resembled constitutive elements of the criminal offence of corruption, what was sanctioned under the relevant legal regime was the attitude

Disciplinary bodies were empowered to, and capable of, establishing independently the facts of the cases before them and that the constitutive elements of criminal and disciplinary offences were not identical

However, on numerous occasions the investigating authorities refused to institute criminal proceedings in respect of the incident or, after they were instituted, discontinued them for lack of constitutive

acquittal has been pronounced for the reason provided in article 10 letter   b) (1) or because the court has identified a cause that removes the criminal nature of the act, or because one of the constitutive

The objective constitutive elements of acts which may give rise to both criminal liability and civil liability to pay compensation are not always the same.

Lastly, they argued that the constitutive elements of the tax offence under Article 1728 of the General Tax Code were the same as for the offence under Article 1741 of that Code.

They had not explained how the concept of moral coercion related to the constitutive elements of that offence, including with respect to the degree of coercion and the severity it had to attain to warrant

  He submits that in fixing the applicant's sentence the Regional Court took several aggravating circumstances into account which were a constitutive element of the drug offence itself.

– The Court found Article 4 to be applicable, in that all three elements of the international definition of trafficking in human beings set out in Articles 3 (a) of the Palermo Protocol and 4 (a) of the

une tentative d'escroquerie, les manoeuvres n'étant pas caractérisées ; que la GMF exposait qu'elle s'est inquiétée des raisons qui avaient poussé les époux X... à souscrire des assurances aussi élevées

In other respects, Article   300 of the former CC was narrower, as it contained an element of violence which was missing from Article   300.1 of the 2009 CC.

The applicants appealed to the Helsinki Court of Appeal, claiming that the District Court should not have based their liability to pay damages on the fulfilment of the constitutive elements of defamation

from Germany into Croatia without declaring it to the customs authorities, the Customs Administration found that G.P. had known that the car in question had been brought into Croatia illegally – a constitutive

While the action of the accused corresponds to the constitutive elements of the offence of causing prejudice to a creditor, if considered in its entirety, it is a premeditated fraudulent action aimed at

On 27 October 2004, the Prosecutor’s Office attached to the Vaslui District Court decided to end the criminal investigation on the ground that the constitutive elements of a crime could not be established

It thus found that the death was attributable to the applicant’s negligence and accepted that the applicant’s omission constituted negligent conduct as regards the safe functioning of a machine at his

    The objective constitutive elements of acts which may give rise to both criminal liability and civil liability to pay compensation are not always the same.