Franz Fisher v. Austria, (37950/97) [2001] ECHR 348 (29 May 2001)
The text of this case can be found on the
European Court of Human Rights' HUDOC database.
Franz Fischer, an Austrian national,
while driving under the influence of alcohol, knocked down a cyclist who was
fatally injured and then drove off without giving assistance and only gave
himself up to the police later that night. He was found guilty of a number of
traffic offences, including driving under the influence of drink, fined with 20
days’ imprisonment in default. He was also convicted of causing death by
negligence "after allowing himself to become intoxicated through the
consumption of alcohol" and sentenced to six months’ imprisonment”.
The ECHR held unanimously that there
had been a violation of Article 4 of Protocol No. 7 (right not to be tried or
punished twice) of the European Convention on Human Rights and that the finding
of a violation constituted in itself sufficient just satisfaction for any
non-pecuniary damage the applicant may have sustained. The Court stated that
the wording of Article 4 does not refer to 'the same offence' but rather to
trial and punishment 'again' for an offence for which the applicant has already
been finally acquitted or convicted. As a result, while the fact that a single
act may constitute more than one offence is not incompatible with Article 4,
the Court must not limit itself to finding that an applicant was, on the basis
of one fact, tried or punished for nominally different offence
