Zasada ne bis in idem w polskim prawie karnym
The institution of res judicata and the principle of ne bis in idem

Summary/Abstract: The ne bis in idem principle is a guarantee for the accused that he/she will not be held responsible for an act for which he/she has already been tried. This constitutes a fundamental right of the perpetrator of the punishable act, who can demand that proceedings are not commenced, or discontinued if already instituted, if criminal proceedings against him in the same case have already been yalidly terminated. Legal certainty should be ensured eąually for the society in generał and for the individual. Society should have confidence in the legał order in force in a given State. It is generally accepted that the principle of ne bis in idem chiefly serves the protection of persons judged - the sentenced and the acąuitted. This principle also means that proceedings cannot be conducted with the aim of the acquittal.

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