Ne Bis In Idem In A European Context (IVA)

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Saturday, July 1, 2000
Dr. jur. Ilias G. Anagnostopoulos
The ne bis in idem principle is well established in the law of most European countries. Domestic law provides that a person shall not be prosecuted nor punished for an act, for which he has already been finally convicted or acquitted. An exception to the rule against double jeopardy is provided only in rare cases. For example, under the law of some countries (Art. 526 GreekCCP, § 362 GermanStPO) a finally acquitted person may be prosecuted again for the same offense, if his acquittal was the result of perjury, bribery or forged documents. In establishing the rule against double jeopardy within their jurisdiction, states comply with principles set forth in international statutes such as the International Covenant on Civil and Political Rights (ICCPR) (Article 14 (7)) and Protocol No. 7 to the European Convention on Human Rights (ECHR) (Article 4 (1))…[more]