The impact of ne bis in idem principle on the protection of health and safety at work Cover Image

Incidența principiului ne bis in idem în materia protecției sănătății și securității muncii
The impact of ne bis in idem principle on the protection of health and safety at work

Author(s): Alina Ioana Szabó
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
Published by: Universul Juridic
Keywords: ne bis in idem; article 20 (1) of Law 319/2006 on safety and health of workers at work; article 349 of Criminal Code;

Summary/Abstract: The paper analysis the application of the ne bis in idem principle when the prosecutor is to determine to go further and send a legal person to trial or to end the investigation due to a previous sanction applied to that legal person by a non-judicial body for the same or similar conduct. The goal of the article is to analyse the relationship between the article 20 (1) of Law 319/2006 on safety and health of workers at work and article 349 of Romanian Criminal Code concerning the non-taking of legal measures regarding safety and health of workers at work. Furthermore, the goal is to establish if the application of a sanction by a non- judicial body on the occasion of a work accident investigation may lead to the application of the ne bis in idem principle.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 89-95
  • Page Count: 7
  • Language: Romanian