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ONE CANNOT BE TRIED FOR THE SAME DEED TWICE

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Author(s): NICOLAE GRADINARU

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 2;
Issue: -;
Start page: 439;
Date: 2012;
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Keywords: liability | wrongful act | offense | conviction | final decision

ABSTRACT
The principle of applying a single sanction for a single wrongful act. This principle involves the application of a single penalty for a single wrongful act; who has ignored the rule of law his conduct will meet once for illegal acts, violation of law for a corresponding one legal sanction. It does not preclude the simultaneous existence of several forms of legal liability for the unlawful act committed by the same person, when the same act is violated several rules of law. Article 4 of Protocol 7 of the Convention enshrines the "right not to be tried or punished twice", known as traditional „ne bis in idem”: "Nobody can be tried or punished by the criminal jurisdiction of the same State for an offense for which has already been acquitted or convicted by a final decision under the law and penal procedure of that State. (…)” In two cases this will expose the principle settled by the European Courts non bis in idem.

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