N.M.G. was arrested because a significant quantity of drug was found in his car. He was condemned to 10 years imprisonment and payment of a monetary sanction. According to him, such measures were extremely severe and exceed by far the gravity of the offence. (Criminal law)
The legal question raised is related to the aim and the kind of the conviction established by the lower Tribunal as well as the reasons behind it. According to the Court of Cassation, the gravity of the offence committed by N.M.G. notwithstanding, the conviction should be aimed at his re-education and should ensure the respect of the principle of proportionality, stated in Article 49.3 of the EU Charter, weighing the seriousness of the crime against the need for re-education. Moreover, the judge has the obligation to account for a harsher conviction when he may opt for an indulgent one.
In addition to the constitutional indications, we may recall the content of the EU Charter of Fundamental Rights which in Article 49 (3), affirms that convictions cannot be disproportionate to the crime committed.