Natsvlishvili and Togonidze v. Georgia

Information Note on the Court’s case-law 173April 2014Natsvlishvili and Togonidze v. Georgia - 9043/05Judgment 29.4.2014 [Section III]Article 6Criminal proceedingsArticle 6-1Fair hearingConviction without the examination of the merits of the case following a plea bargain: no violationArticle 2 of Protocol No. 7Right of appeal in criminal matters Lack of right of appeal against conviction following plea bargain: no violationFacts – The first applicant, the managing director of a public company in which he and his wife (the second applicant) also held shares, was charged with various company-law offences. An agreement was reached between the defence and the prosecution according to which the prosecutor undertook to request the trial court to convict the first applicant without an examination of the merits of the case and to seek a reduced sentence in the form of a fine. The trial court app …