5.  The applicant was born in 1943 and lives in Munich. 6.  On 17 March 1995 during an investigation undertaken by the tax authorities of Teleorman County, a contravention report was issued against the applicant, suspected of smuggling, and in particular, of having illegally imported into Romania agricultural equipment, which he subsequently used for illicit activities. The report indicated that the matter was to be brought before the prosecution. 7.  Upon the same investigation, the authorities summoned the applicant to the local tax office on 22 March 1995 to provide clarifications in respect of a fake invoice allegation. On 21 March 1995 the applicant presented himself at the tax office and tried to persuade two tax commissioners not to issue a new report against him by offering them money. On the same day, the tax authority issued a new report on the offences of smuggling and active bribery, both of which were brought before the Public Prosecutor’s Office with the County Court of Teleorman. 8.  On 21 March 1995 the applicant was remanded in detention. 9.  On 12 April 1995 he was released under supervision. 10.  On 11 August 1995 the applicant was brought to trial on charges of active bribery, smuggling and fraud-related offences in connection with the importation of agricultural equipment, the seizure of which was equally ordered. 11.  From 1996 to 2000 the court listed at least nine hearings at intervals ranging from five to nine months for failure to properly summon the applicant at his residences in Germany and in Romania. Throughout the trial at first instance, the applicant’s legal representative or, in his absence, a court-appointed lawyer, were present at most of the hearings. 12.  On 14 November 2000 based on contravention and in flagrante reports, customs papers, applicant’s statements and ten witness testimonies, the County Court of Teleorman found the applicant guilty of active bribery and smuggling and convicted him to a two-year deferred prison sentence. He was acquitted of charges of fraud-related offences. With regard to the offence of smuggling, the court applied a newly entered into force law (Law no. 141/1997 which amended the Law no. 30/1978, in force at the commission of the offence) and stated that the act of smuggling was incriminated in both laws, but the new one was more favourable in respect of penalty provisions. The seizure of the agricultural equipment was maintained in court. 13.  On appeal, the Bucharest Court of Appeal listed a total of seven hearings of which four were adjourned in the attendance of documents and information from the Customs Office of Teleorman. Both the applicant and his legal representative were present at all court hearings. 14.  On 20 December 2001 the court rejected the appeal and upheld the lower court’s judgment. The applicant appealed on points of law. 15.  On 11 June 2003 the High Court of Cassation and Justice (the former Supreme Court of Justice) convicted the applicant to a two-year deferred prison sentence for smuggling charges. With regard to the active bribery charges, he was acquitted as the criminal liability had become time-barred. The judgment became final.