CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 janvier 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 29 January 2018   THIRD SECTION Application no. 32186/10 Aleksandr Alekseyevich SANKIN against Russia lodged on 17 May 2010 SUBJECT MATTER OF the CASE The application concerns the applicant’s conviction of unlawful distribution of pornography (Article 242 of the Criminal Code) for selling DVDs containing the so-called “hentai” cartoons. He was sentenced to six months’ imprisonment conditional on one year’s probation.   QUESTIONs tO THE PARTIES 1.     The Government are requested to submit a copy and an English translation of the expert opinion no. 222/09 of 10 August 2009.   2.     Was there a sufficiently clear legal basis for the applicant’s conviction, as required by Article 7 § 1 of the Convention? In particular, was the national law at the material time formulated with sufficient precision to enable the applicant - if need be, with appropriate advice – to foresee, to a degree that was reasonable in the circumstances, the consequences which the selling of the DVDs in question could entail? Was the offence of unlawful distribution of pornography under Article 242 of the Criminal Code clearly defined in the national law? In particular, did the national law as in force at the material time clearly define what constituted “pornography” and which acts amounted to “unlawful” as opposed to lawful distribution of pornography?