NCJ Number
197453
Journal
International Review of Penal Law Volume: 72 Issue: 3 Dated: 2001 Pages: 753-764
Date Published
2001
Length
12 pages
Annotation
This paper presents a commentary and questions from the 17th International Congress of Penal Law on the main features of the internal domestic regulation of the ne bis in idem principle, prohibiting a double sanction of the same person and its application on a transnational level.
Abstract
Born out of Roman Law, ne bis in idem actually constitutes an elemental guarantee of the citizens’ juridical security causing a procedural obstacle to the opening of a new process over the same matter. In addition to its material relevance, ne bis in idem forbids a double sanction of the same person. The ne bis in idem principle was developed within domestic (national) criminal law. In order for it to be recognized and applied on the transnational level, it must be understood domestically examining whether it is subject to exceptions and how it is outfitted procedurally. This paper presents the main features of the internal domestic regulation of the ne bis in idem principle and the transnational validity of the principle. The features are in a question format and include: (1) the ne bis in idem at the domestic (national) level; (2) ne bis in idem in cases involving "horizontal (trans)national concurrence;" (3) ne bis in idem in cases of "vertical national-supranational concurrence and (4) ne bis in idem cases of “horizontal inter(supra)national concurrence."