Competition between Criminal and Administrative Responsibility - Questions and Solutions
Competition between Criminal and Administrative Responsibility - Questions and Solutions

Author(s): Ralitsa Voynova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: ne bis in idem principle; concurring facts; administrative penal responsibility; proceedings with a criminal character; res judicata;
Summary/Abstract: This article aims to present the essence of the Ne bis in idem principle from a doctrinal point of view, while at the same time emphasizing the more important practical issues in its application. The study also includes a synthesized comparative analysis of the case law of the Court of Justice of the EU, the ECtHR and some national courts. In the comparative analysis these questions are considered in particular - what are the criteria for assessing whether an administrative proceeding is defined as criminal and what are the most common hypotheses of competition between criminal and administrative penal responsibility against the same person for the same act. As a result of the research, some controversial questions regarding the applicable legal responsibility in cases of concurring facts were answered.

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