Кажњавање само на основу закона (из члана 7 Европске конвенције за заштиту људских права и основних слобода) у пракси Европског суда за људска права и Уставног суда Босне и Херцеговине
Punishment Solely on the Basis of Law(Under Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms)in the Case-law of the European Court for Human Rights and the Constitutional Court of Bosnia and Herzegovina

Author(s): Miodrag N. Simović, Marina M. Simović
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitution of Bosnia and Herzegovina;The European Convention for the Protection of Human Rights and Fundamental Freedoms;The Constitutional Court of Bosnia and Herzegovina;The European Court of Human Rights
Summary/Abstract: Guarantees set out in Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is an essential element of the rule of law, has a prominent place in the system of protection under this Convention, as emphasized by the fact that it cannot be derogated under Article 15, not even in war times or other public extraordinary situations endangering the life of the nation. It should be interpreted and applied, as follows from its aim and purpose, in a way to provide efficient protection mechanisms against arbitrary prosecution, convictions and punishment.Article 7 of the Convention is not limited to prohibition of retroactive application of criminal law to the detriment of the accused. Generally ob- served, it also includes the principle that only the law may define a criminal offense and prescribe a punishment (nullum crimen, nulla poena sine lege). Even though it prohibits widening of the scope of existing criminal offenses to behaviors that have not been criminal offences before, it also prescribes a principle that criminal law should not be interpreted in a wide sense to the detriment of the accused, for example by analogy. It follows that criminal offenses and relevant punishments have to be defined clearly in the law. This requirement is fulfilled when an individual, from the formulation of relevant provision, and if necessary with interpretation of the court and after obtaining an appropriate legal advice, may know which actions or non-actions shall make him criminally liable and which punishment may be imposed on him for that. Therefore, the court has to confirm that, at a time the accused person had committed the actions that led to his prosecution and conviction – legal provisions declaring that action punishable and that the punishment imposed did not exceed the boundary determined under that provision, were in force.

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