Tokens: 10
.
The
facts
and
the
national
legal
framework
of
this
case
are
clear
.
At
least
between
2000
and
February
2006
,
the
applicant
abused
his
wife
both
physically
and
mentally
on
various
occasions
while
drunk
.
As
a
result
,
his
wife
sustained
haematomas
,
bruising
and
a
fractured
nose
and
was
obliged
to
seek
medical
assistance
on
that
account
in
June
2000
,
July
2003
and
February
2006
.
The
applicant
was
found
guilty
of
the
continuous
offence
of
abusing
a
person
living
under
the
same
roof
,
committed
between
2000
and
8
February
2006
,
under
a
provision
,
Article
215a
,
which
had
been
introduced
into
the
Criminal
Code
on
1
June
2004
.
Under
Czech
law
,
a
continuous
offence
is
considered
to
constitute
a
single
act
and
its
classification
in
criminal
law
has
to
be
assessed
under
the
law
as
in
force
on
completion
of
the
last
occurrence
of
the
offence
(
the
last
assault
)
.
In
the
instant
case
the
applicant
was
of
the
opinion
that
his
conviction
and
sentence
pursuant
to
a
penal
provision
that
had
come
into
force
on
1
June
2004
had
involved
retroactive
application
of
the
Criminal
Code
and
had
operated
to
his
detriment
,
in
breach
of
Article
7
§
1
of
the
Convention
.
He
argued
that
the
domestic
courts
had
not
examined
whether
he
had
actually
committed
the
offences
punishable
before
that
date
under
Articles
197a
and
221
§
1
of
the
Criminal
Code
.
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