EIT: Italia ei saanut määrätä sekä hallinnollista sakkoa että nostaa rikossyytteitä kurssimanipulaatiosta5.3.2014 | Oikeusuutiset
Euroopan ihmisoikeustuomioistuin (EIT) on eilen antamassaan tuomiossa katsonut, että hallinnolliset, 3-5 miljoonan euron sakot Italian Finassivalvontaa vastaavalta viranomaiselta kurssimanipuloinnista, muodostivat esteen myöhemmän rikossyytteen tutkimiselle.
The case concerned the applicants’ appeal against the administrative penalty imposed on them by the Italian Companies and Stock Exchange Commission (hereafter “Consob2”) and the criminal proceedings to which they are currently subject after having been accused of market manipulation in the context of a financial operation involving the car manufacturer FIAT.
According to the Court, although the procedure before Consob had not fully satisfied the requirements of fairness and impartiality, the applicants had nonetheless benefited from subsequent review by a judicial body with full jurisdiction. However, the latter court had not held a public hearing, which would have been necessary in this case. For his part, Mr Grande Stevens had been informed in good time of the accusation against him and had had adequate time to prepare his own defence or to be represented by a lawyer of his own choosing. Moreover, although they were severe, the sanctions imposed on the applicants pursued an aim that was in the general interest – namely guaranteeing the integrity of the financial markets and maintaining public confidence in the security of transactions – and did not appear disproportionate to the conduct with which they were charged. However, the new criminal proceedings against Mr Gabietti and Mr Grande Stevens concerned offences involving identical facts to those for which they had been finally convicted, and ought consequently to be closed as rapidly as possible.
Lehdistötiedote kokonaisuudessaan löytyy täältä: Press release