CEDH · CASELAW;CLIN;ENG — 2 mars 1999

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 4 March 1999 Coëme and Others v. Belgium (dec.) - 32492/96, 32547/96, 32548/96 et al. Decision 2.3.1999 [Section II] Article 6 Criminal proceedings Article 6-1 Tribunal established by law Special procedure for ministers before the Court of Cassation applied to others: admissible   Article 7 Article 7-1 Retroactivity Application of new law extending prescription for lesser crimes to proceedings started before its entry into force: admissible   In 1989 criminal proceedings were instituted against the fifth applicant, who was suspected of fraud and corruption between 1981 and 1989 while acting as director of association “I”. In 1994 the public prosecutor requested the Chamber of Representatives to lift the parliamentary immunity of the first applicant, who was involved in some of the illegal activities of association “I” while a Minister. According to S. 103 of the Constitution, only the Chamber of Representatives can decide whether a Minister may be prosecuted. It set up a special commission to carry out an investigation. The commission recommended that the applicant be committed for trial before the Court of Cassation, which has jurisdiction as the only instance to try a Minister. This recommendation was adopted by the Chamber. The other applicants were joined in the proceedings before the Court of Cassation, because of the connection between offences, although none of them is a Minister. The applicants complained that no law had ever been adopted regulating the procedure before the court in such cases. As a result, the court had to fix its own rules. The court refused to refer a preliminary question to the Arbitration Court, pointing out that it was applying the Code of Criminal Procedure to the case. It also refused to refer a preliminary question concerning the application of a new law (24   December 1993) to these proceedings, extending the prescription for lesser crime from 3 to 5   years. Admissible under Articles 6 § 1 (tribunal established by law) and   7.     © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes