Publication details

Zásada „ne bis in idem“ v prostoru Evropské unie

Title in English The principle „ne bis in idem“ in the European Union
Authors

FOJT Dominik

Year of publication 2018
Type Article in Proceedings
Citation
Keywords ne bis in idem, European Union, criminal law
Description The principle „ne bis in idem“, i sone of the fundamental principles of the entire legal order. In criminal law, it is manifested on the fact that repeated criminal prosecution or punishment for the same crime is forbidden. At the state level, interpretation of this principle os relatively seamless. On international, respectively at Euroepan level, such an interpretation can be very problematic, but the principle must also be respected at this level in view of the overlapping of the scope of the criminal laws of the individual Member States of the European Union. As the European Union guarantees its citizens freedom of movement within the Schengen area, it must also ensure that such persons do not threaten to re-prosecute or punish in another EU country. In my article, I will focus on the expression of the „ne bis in idem“ principle in the context of European law, will show its application in practice within the framework of the European Court of Justice rulings and how it is reflected in the Czech legal order in this context.
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