Aplicabilitatea principiului ne bis in idem în cazul ordonanțelor de clasare
The applicability of ne bis in idem principle in regard to a case dismissal solution in the pre-trial stage

Summary/Abstract: The aim of the present article is, firstly, to shortly analyze the ne bis in idem principle in the view of the European Court of Human Rights, especially in the light of the judgment passed in the case ofMihalache against Romania, concluding in the end of the first section whether or not this represents analignment of the Strasbourg Court with the Luxembourg Court. Secondly, the article also includes ananalysis of the judgments given by the Court of Justice of the European Union in cases where the ne bisin idem principle was incidental. Finally, the article includes a section dedicated to Romanian domesticlaw, being also presented the proposed solutions for the hypotheses in which an order of the prosecutoris the act that attracts the incidence of the principle ne bis in idem because in its content the prosecutorhas analyzed the merits of a criminal prosecution brought against a person investigated as a suspect oras an accused. The aim of the present article is, firstly, to shortly analyze the ne bis in idem principle in the view of the European Court of Human Rights, especially in the light of the judgment passed in the case of Mihalache against Romania, concluding in the end of the first section whether or not this represents an alignment of the Strasbourg Court with the Luxembourg Court.Secondly, the article also includes an analysis of the judgments given by the Court of Justice of the European Union in cases where the ne bis in idem principle was incidental. Finally, the article includes a section dedicated to Romanian domestic law, being also presented the proposed solutions for the hypotheses in which an order of the prosecutor is the act that attracts the incidence of the principle ne bis in idem because in its content, the prosecutor has analyzed the merits of a criminal prosecution brought against a person investigated as a suspect or as an accused.

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