The principle „ne bis in idem” in the light of
the current legal framework of the Republic of Bulgaria Cover Image

Принципът „ne bis in idem“ в светлината на актуалната правна уредба на Република България
The principle „ne bis in idem” in the light of the current legal framework of the Republic of Bulgaria

Author(s): Miroslava Chifchieva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: The „ne bis in idem” Principle; Article 4 of the 7th Protocol of The Convention for the Protection of Human Rights and Fundamental Freedoms; One and the Same Act; Administrative Offences that are Crim

Summary/Abstract: The article presents the principle ne bis in idem as a fundamental legal principle. According to the principle, a person can not be tried or punished more than once for the same behaviour. Punishment in administrative proceedings involved criminal charges within the meaning of Article 6(1) of The Convention for the Protection of Human Rights and Fundamental Freedoms and the subsequent criminal prosecution for the same act if the subjest and grounds are the same violate the principle ne bis in idem. Special attention is paid to the amendments to the Criminal Procedure Code and the Law for the administrative offences and sanctions, entered into force on 5th of November 2017. Accent is placed on the the application of the principle within the current legal framework.

  • Issue Year: 17/2018
  • Issue No: 2
  • Page Range: 253-263
  • Page Count: 11
  • Language: Bulgarian