Забрана ретроактивности кривичног закона у пракси Европског суда за људска права
Prohibition of Retrospective Application of Criminal Law in Practice of the European Court of Human Rights

Summary/Abstract: Article 7 of the Convention is not confined only to prohibition of the retrospective application of the criminal law. The protection it provides is slightly wider and develops through the practice of the European Court of Human Rights. Due to the significant impact of the common law, Article 7 cannot be understood in the manner in which the principle of legality is traditionally recognized in the civil law. In practice of the European Court of Human Rights cases of direct violation of the principle of non-retro-activity of criminal laws are extremely rare. The issue of retrospective criminal laws arises in a more indirect way, for example through the in-stitute of continuing offence, or in connection with the autonomous concept of punishment. Significant problem in the jurisprudence of the Euro-pean Court of Human Rights is the retroactive application of stricter laws which are not directly related to criminal offence and punishment, as well as the application of exception in Article 7(2) of the European Convention on Human Rights and Fundamental Freedoms.

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