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Traffic fines and subsequent driving ban are not double punishment

admin by admin
November 29, 2022
in The News ECHR
Traffic fines and subsequent driving ban are not double punishment
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A Croatian driver was fined for speeding several times, and a few years later lost his driving license.

In 2014, Croatian police banned a driver from driving all motor vehicles on account of too many penalty points he had collected through speeding fines in the years 2013 and 2014. 

In 2015, he appealed to the European Court of Human Rights complaining that his prosecution and punishment for minor road traffic offences, and the subsequent application of a driving ban on account of the same offences, had violated the Convention.

In its judgment of 1 July 2021, the Court noted that the primary aim of the driving ban had been preventive and to ensure road traffic safety. Therefore the applicant Darko Matijašić had not been subjected to a criminal charge when the police had applied the driving ban on account of his accumulated penalty points. The Court concluded that the driving ban did not constitute a violation of the so-called double jeopardy and rejected his application as inadmissible. The decision is listed as Matijašić v. Croatia, 38771/15.

Tags: CroatiaDouble punishmentEuropean Court of Human Rights
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