Principiul ne bis in idem în legislația internă și cea europeană
The ne bis in idem principle in Romanian Criminal Law and European legislation

Summary/Abstract: The ne bis in idem principle is emerging as an indispensable rule in a democratic society in which the rules of criminal procedure and the conduct of criminal proceedings must strictly respect the rights and freedoms of the person, as enshrined in the European Convention of Human Rights. This principle expresses the rule that no person may be prosecuted or judged for an offense when a final criminal judgment has been handed down against that person, even under a different legal framework. The principle establishes the prohibition to subject a person to criminal prosecution, trial or punishment for an act for which he/she was sentenced at an earlier date. This principle is part of the criminal proceedings of the member states of the Council of Europe and is also adopted by our legal system.

• Details
• Contents