Principiul „non bis in idem” garanție procesuală în materie penală
The „nos bis in idem’ principle”, procedural guarantee in criminal matters
Author(s): Olesea CreţuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: principle; non bis in idem; criminal proceedings; the ceasing of criminal proceedings; felony; guilt; suspect; accused; criminal;
Summary/Abstract: ,,[…] the right, [of not being investigated, tried repeatedly for the same felony] derives from the 21st article from the Constitution, according to which: ‘Any person accused to have committed an offence shall be presumed innocent until found guilty on legal grounds, brought forward in a public trial, safeguarding all the necessary guarantees for his/her defence’. From the constitutional regulation, one can deduce three principles: the presumption of innocence, the public nature of the legal proceedings and the person’s ability to use all the necessary procedural means for defense. The latter entails that the defense side has a number of advantages that can be used to defend the accused during criminal proceedings, including the right of not being investigated, tried or convicted multiple times for the same transgression.
- Issue Year: 1/2022
- Issue No: 15
- Page Range: 289-296
- Page Count: 8
- Language: English, Romanian