Application of the ne bis in idem principle in accordance with the latest case law of the Court of Justice of the European Union Cover Image

Application of the ne bis in idem principle in accordance with the latest case law of the Court of Justice of the European Union
Application of the ne bis in idem principle in accordance with the latest case law of the Court of Justice of the European Union

Author(s): Dorel-Cristian Albu
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: ne bis in idem; CJEU; art. 54 CISA; art. 50 of the Charter of Fundamental Rights of the European Union;

Summary/Abstract: By extending the scope of the final judgment and the acts issued by the prosecutor, we appreciate that in a criminal trial that is started after a solution has already been ordered for the prosecutor's case closure, for the same deed as the same person, the case closure or termination of the criminal proceeding under Art. 16 par. 1 letter i of the Criminal Procedure Code. even if the two criminal trials were carried out on the territory of Romania, by the application of the Romanian criminal procedural law. This should be the effect of the constant jurisprudence of the CJEU, by interpreting Art. 54 CISA and Art. 50 of the Charter, giving an extended effect to the act issued by the prosecutor by which the criminal action is extinguished after conducting an effective investigation into the substance of the case.

  • Issue Year: VI/2018
  • Issue No: VI
  • Page Range: 329-334
  • Page Count: 6
  • Language: English