FTMS secures France’s condemnation before the European Court of Human Rights

Press release

FTMS, with partners Pierre-Olivier Sur and Silvestre Tandeau de Marsac, has just obtained from the European Court of Human Rights the condemnation of France in a case of court manipulation for non-compliance with the ne bis idem principle which prohibits the trial and conviction of the same person twice for the same acts (judgment of 6 June in case X v. France).
In its judgment, the European Court unanimously ruled that there had been a violation of Article 4 under Protocol No. 7 of the European Convention on Human Rights (which recognizes the right not to be tried or punished twice).

It considers that Mr X suffered disproportionate damage as a result of the double prosecution and double conviction by the AMF, first, and by the criminal courts, second, for the same acts.

This case, initiated in 2005, concerns the issue of the right not to be tried or punished twice (nebis idem). The plaintiff, a financial analyst, had been convicted by the AMF of a price manipulation operation on the financial markets and then by the criminal courts for the offence of obstructing the proper functioning of a financial market and complained of a double conviction for the same acts.

After more than 15 years of proceedings, the Court concluded that the analyst, assisted by FTMS, had suffered disproportionate damage as a result of the double prosecution and double conviction.

During the proceedings, the French Government also amended the Monetary and Financial Code to bring French law into line with the ne bis in idem principle and thus guaranteed that any person prosecuted for financial breaches or offences could no longer be tried and punished twice for the same acts.

Share this article :

Back to news