5.  The applicant was born in 1967 and lives in Budapest. 6.  On 16 June 1998 criminal proceedings were initiated against the applicant and his associates for embezzlement and other offences.
On 7 June 2002 a bill of indictment was preferred. 7.  A first instance judgment was adopted on 17 November 2009. The Budapest XX/XXI/XXIII District Court took into account as a mitigating factor the lapse of time and imposed only a fine.
This judgment was quashed on appeal. 8.  In the resumed proceedings, a first-instance judgment was adopted afresh, in which the lapse of time was again appreciated as a mitigating factor.
This judgment was also quashed on appeal. 9.  The case was then resumed before the Budapest High Court. On 23 April 2013 this court convicted the applicant and imposed only a fine, holding that the lapse of time was an important mitigating factor. 10.  An appeal by the public prosecutor is currently pending before the Budapest Court of Appeal.