Ashlarba v. Georgia

Information Note on the Court’s case-law No. 176July 2014Ashlarba v. Georgia - 45554/08Judgment 15.7.2014 [Section IV]Article 7Article 7-1Nullum crimen sine legeUse of undefined colloquial expression in definition of criminal offence: no violationFacts – In 2005 the Georgian legislature created a series of new offences designed to assist in the fight against organised crime. As part of a wider legislative package Article 223(1) of the Criminal Code was amended to make it an offence to be a member of the “thieves’ underworld” or a “thief in law”. Although neither expression was defined in the Code, they were explained in other legislation that was introduced the same day (Law on Organised Crime and Racketeering). The expressions were also known within Georgian society as referring to the professional criminal underworld and ‘Godfather’ type figures among the criminal elite.In 2007 the app …