Ne Bis In Idem

Ne bis puniri and ne bis vexari on the basis of the case law of the ecthr p j.

Ne bis in idem. From latin literally not twice in the same a legal doctrine which holds that legal action cannot be taken twice against someone for the same offense a concept more commonly known as double jeopardy. 4 first the ban on a double punishment ne bis puniri 5 and second the ban on a double charge ne bis vexari. Non bis in idem which translates literally from latin as not twice against the same is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action. The international covenant on civil and political rights guarantees the right to be free from double jeopardy.

Non bis in idem civil law. In the eu the ne bis in idem principle restricts the ability of enforcement authorities to prosecute or punish the same defendant for the same criminal offence more than once. 6 both the ne bis puniri aspect no double punishment and the ne bis vexari aspect no double charge can be operationalised in two ways. It is a legal concept originating in roman civil law but it is essentially the equivalent of the double jeopardy doctrine found in common law jurisdictions.

That protection applies to competition fines due to its punitive and deterrent nature and its degree of severity. Code 9 2 9 11. That is that when a party accused has been once tried by a tribunal in the last resort and either convicted or acquitted he shall not again be tried. Ne bis in idem.