APPLICATION OF THE NE BIS IN IDEM PRINCIPLE IN CRIMINAL PROCEEDINGS
APPLICATION OF THE NE BIS IN IDEM PRINCIPLE IN CRIMINAL PROCEEDINGS

Summary/Abstract: The ne bis in idem principle has evolved considerably through international regulations, so that within the system of the European Court of Human Rights it consists of 3 elements: the definition of the criminal procedure, the identity of the components that meet the constitutive elements of a crime and the double accusation. The criteria taken into account for the qualification of a criminal sanction in the sense of art. 6 and 7 of the ECHR refer to the provision of the crime in national law, the nature of the violation and the severity of the sanction applied. Thus, it was established that the application of the ne bis in idem principle must be interpreted according to art. 4 of Protocol no. 7 of the ECHR and art. 50 of the CDFUE, in the sense that any charge related to a second crime is prohibited when it is based on facts identical or materially equivalent to those that constitute the basis of the previous final judgment, even under a different legal framework.

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