CEDH · PRESS;HEARINGS;ENG — 20 mars 2001

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     191   20.3.2001   Press release issued by the Registrar   HEARING IN THE CASE OF REINA MUÑOZ v. SPAIN   20 March 2001 at 9.30 a.m.   The applicant   The case concerns an application brought by a Spanish national, Rafael Reina Muñoz, who was born in 1949 and lives in Madrid. He is President of the Association for the Integration of Disabled Persons into the Workplace (ALMMA).   Summary of the facts   The case concerns an application brought by a Spanish national, Rafael Reina Muñoz, who was born in 1949 and lives in Madrid. He is President of the Association for the Integration of Disabled Persons into the Workplace (ALMMA).   From the date of its creation, in April 1995, the ALMMA organised sales of lottery tickets called “coupons for the disabled”. This was done without requesting permission from the authorities, and was the association’s sole fund-raising activity. Lottery tickets were sold on the public highway from Monday to Friday. The purchaser stood to win the amount indicated on the coupon if the number of his or her ticket was the same as the one drawn by lot by the National Organisation for the Spanish Blind (ONCE), which had been the licensee of a similar lottery system for many years. The ticket sales would have yielded ALMMA approximately 45,120,000 pesetas between 8 May 1995 and 19 October 1995.   The ONCE, which considered that the ALMMA was infringing the law on unlawful trading, lodged a criminal complaint against the association. The Madrid investigating judge no. 11 instituted criminal proceedings against the applicant in his capacity as President of the ALMMA.   In a judgment of 29 October 1996, the Madrid criminal court no. 25 convicted the applicant, under sections 1.1.3, 2.1 and 3.1 of the Institutional Act 7/1982 of 13 June 1982, in conjunction with several other earlier regulatory provisions, of unlawfully trading in goods subject to a monopoly without having obtained permission from the authorities, and sentenced him to four months and one day’s imprisonment, additional penalties prohibiting him from holding public office, standing for election or voting during his sentence, and to a fine of 22,560,000 pesetas, non-payment of which was punishable by imprisonment.   The criminal court also examined whether the applicant could be convicted of the offence of unlawfully trading in prohibited goods, under section 1.1.4 of the above-mentioned Institutional Act of 13 June 1982, taken in conjunction with additional provision no. 18 of the Law 46/1985 approving the State budget for 1986. It held that where, as in this case, the acts prohibited by the criminal law were not defined with sufficient precision, the elements of an offence could be expanded by means of an ordinary statute. The court also considered that a finance law could contain provisions which were applicable beyond the year concerned. However, it held that in this case the additional provision in question could apply only to offences committed in 1986, and not in 1995.   The applicant appealed to the Madrid Audiencia Provincial , which dismissed his appeal in a judgment of 9 April 1997. It held, among other things, that the Institutional Act on Unlawful Trading could be supplemented by a lower-ranking legal provision. It also stated that it appeared obvious that the applicant had knowingly infringed the Act in question, since he had not obtained the relevant license from the authorities.   Relying on Article 25 § 1 of the Spanish Constitution (rule requiring that offences and punishments shall be strictly defined by law), the applicant lodged an amparo appeal with the Constitutional Court, which dismissed it in a decision of 4 May 1998 on the ground that the trial and appeal courts had correctly applied the criminal law.   Complaint   The applicant complains that he was convicted on the basis of the Institutional Act on Unlawful Trading of 1982, taken in conjunction with several other earlier regulatory provisions, in violation of the principle that offences and punishments shall be strictly defined by law. He invokes Article 7 § 1 (no punishment without law) of the European Convention on Human Rights.   Procedure   The application was lodged with the Court on 6 November 1998.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President, Wilhelmina Thomassen (Dutch), Antonio Pastor Ridruejo (Spanish), Luigi Ferrari Bravo [1] (Italian), Corneliu Bîrsan (Romanian), Josep Casadevall (Andorran), Boštjan Zupančič (Slovenian), judges, Gaukur Jörundsson (Icelandic), Riza Türmen (Turkish), Tudor Panţîru (Moldovan), Rait Maruste (Estonian), substitute judges,   and also Michael O’Boyle , Section Registrar .       Representatives of the parties   Government:   Javier Borrego Borrego , Head of the Legal Department for Human Rights at the Ministry of Justice, Agent ;   Applicant:   Juan Francisco Martín de Aguilera y Arenales , abogado , Counsel ;   Carlos Monguillod Agustí , abogado , Counsel .   Mr Reina Munoz will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] Judge elected in respect of San Marino.