Hotărârea Curții de Justiție a Uniunii Europene (Camera a cincea) în cauza C-268/17 (25 iulie 2018). Cooperare judiciară în materie penală. Mandatul european de arestare. Principiul ne bis in idem
European Union Court of Justice decision (Fifth chamber) in the case C-268/17 (25 July 2018). Judicial Cooperation in criminal matters. The European Arrest Warrant. The principle of ne bis in idem

Summary/Abstract: The ne bis in idem principle only applies to persons who have been finally judged in a Member State and does not extend to persons who have only been heard in a criminal investigation, such as witnesses. A "final judgment", within the meaning of art. 3, point 2 of Council Framework Decision 2002/584 / JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299 / JHA of 26 February 2009, thus presupposes the existence of an earlier criminal prosecution, initiated against the wanted person. A decision by the Public Ministry to terminate an investigation during which the person subject to a European arrest warrant was heard only as a witness can not be relied on to refuse to execute this mandate under art. 3, point 2 of the aforementioned Framework Decision (2002/584).

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