Knowledge (XXG)

Non bis in idem

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963:, the CJEU was concerned with whether a decision by a public prosecutor to terminate criminal proceedings and close an investigation against a defendant, without any penalty and a condition that it may be reopened upon the emergence of new essential evidence, may be considered a “final decision.” If so, questions were raised if such a decision could prevent further prosecution in another member state. Accordingly, the public prosecutors’ office of Hamburg accused Kossowski of the criminal offense of extortion with aggravating factors. Kossowski fled in a vehicle belonging to the victim during his proceedings in Germany when he was subsequently stopped, arrested, and sentenced in Poland. The Polish court opened the same charges against him according to its national law but closed the case in the absence of sufficient evidence and considered the termination as final, leading to the potential continuation of the case in Germany. Despite still being wanted in Germany, the Hamburg court refused to open proceedings out of concern of doubling prosecution in violation of Article 54 of CISA. Thus, the CJEU heard an appeal brought forth by the Hamburg Public Prosecutor’s Office contending that the German law was still applicable given the substantial evidence of its proceeding, finding the Polish decision of termination to be overreaching in barring the respective German trial. 402:. The two applicants, represented through aliases Mr. A and Mr. B, were charged for failing to report taxes. The first applicant—Mr. A—was indicted for violating section 12-1(1) of the Tax Assessment Act of 1980 (ligningsloven) for failing to declare tax transactions with Software Innovation AS in 2008. In 2009, following his failure to pay an outstanding tax due without an appeal, the Follo District Court (tingrett) convicted Mr. A of aggravated tax fraud, sentencing him to a year’s imprisonment due to his failure to declare. The second applicant—Mr. B—similarly failed to declare his tax return for the tax year 2002 but was given an amendment to his tax assessment and penalty in 2008 by the Tax Administration under the criminal investigation. While the second applicant paid the tax due along with the penalty, the public prosecutor indicted him for violating section 12-1 as well given his failure to declare his full income on his tax return in 2002. Like Mr. A, Mr. B was charged for aggravated tax fraud and sentenced to a year’s imprisonment in 2009. Given the criminal and tax penalties of their respective cases, the two applicants contended that their rights relevant to 926:
discontinue prosecution as an option under the administration of criminal justice. Nevertheless, settlement acts regarding penalties for unlawful conduct still constitute a legal exercise by the state to punish an individual. If the applicant complies with obligations by the public prosecutor, which GözĂŒtok and BrĂŒgge did, an additional penalty or prosecution from another Schengen member state is redundant and violates the protections against a duplication of trial under Article 54. Because of the devolvement of power into national courts under CISA, harmonization of criminal procedures (e.g., Dutch “transactie”) is not required. That said, the Court clarified that mutual trust and compliance amongst the member states was necessary to ensure the
418:, the Court generally had to acknowledge national sensitivities to defining the “criminal nature” of an act. This reiterated the first principle of the Engel criteria. Secondly, the Court addressed the chronology of the two proceedings and found that a “final decision” resulting from a single proceeding was irrelevant when there did not exist a duplication of proceedings. Instead, this would constitute a combination of proceedings, meaning they were complementary. Finally, to avoid misinterpreting administrative proceedings that were criminal in nature, the ECtHR would assess the proceedings’ compliance with Article 4 through a single-track procedure onwards, which could enable “parallel strands of legal regulation” with the national government. 902:, the applicant was in possession of illicit hashish products, which the Dutch government cited to pursue criminal proceedings against him. These conditions were also drawn to the attention of German authorities through a German bank alerting them of unusually large sums of money. This led to the discovery of narcotic sales, which the German Regional Court in Aachen tried and sentenced him for. GözĂŒtok appealed the decision against the Aachen court, which they terminated under Article 54 of CISA. However, under the termination, questions remained over whether the Dutch “transactie” under Dutch law served as a final disposition that barred the German courts from taking further action. Similarly, under 858:, which it passed. As for the former prong related to its punitive purpose, the CJEU held that the cited violation of Article 27(9) by the AGCM had a purpose not just to punish unlawful conduct related to competition practices but to deprive an entity from continuing to pursue its unfair commercial advantage. As for the latter prong related to the degree of severity, the CJEU noted that bearing in mind the maximum potential penalty contingent on relevant provisions, the 5 million euro fine constituted a criminal punishment. While in technical terms, the penalties were under administrative code, they were inherently criminal and cited twice, demonstrating the utility of the Engel criteria in 217:, which sometimes are not tried under criminal courts at the national level despite their “criminal nature.” Accordingly, Section 2 of Article 4 establishes the right for the accused to present newly discovered evidence to higher tribunal for review. While there exist guarantees against punishment or prosecution twice under the ECHR, post-trial discovery can warrant a change in the outcome of a case. This also includes significant procedural errors that may affect the fairness or outcome of a case. However, reopening a case through the ECtHR can only occur when critical pieces of evidence were not sufficiently adduced or discussed, necessitating a referral to the 1104:. Since a final judgment was administered in Slovenia, an additional penalty that could be enforced could no longer be applicable since a decision had already been made in the national system of an EU member state. Moreover, the CJEU affirmed that a bilateral extradition treaty could not trump or annul the provisions of Article 54 of CISA and Article 50 of the Charter. However, the Court clarified that it would not have the capacity to bar extradition bilaterally assuming offense were committed outside of the subject matter or relevant time period of prosecution, upholding the “sufficiently close connection” tenet proscribed through the ECtHR. Accordingly, 834:
Braunschweig in Germany imposed a fine of 1 billion euros through a final decision on the same grounds of the misinformation related to Volkswagen’s pollutant emissions levels. Due to the final decision characteristic of the decision at Braunschweig, VWAG surrendered its right to bring action against the decision as it had appealed in Italy, leaving Volkswagen with its 1 billion euro fine alongside a pending case dealing with a similar case matter. Once the decision was reached in 2019, VWGI and VWAG contended that their rights according to
745:, which is employed in the ECtHR to determine the criminal nature of a penalty. Conversely, the major exception between the two courts is the decision-making in cross-border proceedings, in which ECtHR rulings may only apply within a given State while CJEU rulings may apply across relevant contracting states. Moreover, since the EU derives its legal functioning from legal cooperation mechanisms within the member states, it maintains more flexibility in its interpretation of 310:
the Engel Criteria, thus not constituting a break of Article 6. Regarding the national standards of the Engel Criteria, while the ECtHR agreed that Kremzow had separate criminal charges, the disciplinary consequences were distinguished, and the Disciplinary Court did not “convict” him for the aforementioned criminal charges. Thus, the duty of the Disciplinary Court in Austria was tasked with dealing with the repercussions of Kremzow’s actions as a defendant but also as a
671:, the presiding judges commented that limiting the scope of the offenses based on different legal classification undermined the rights of the individual guaranteed under Article 4. Moreover, the Court found that the administrative judgment was autonomously and inherently final when criminal proceedings began a week after against Zolotuhkin. As noted, the Russian legal system did not recognize a breach in the 906:, the applicant, who was a German national, was charged by Belgian prosecuting officials for intentionally assaulting and wounding a Belgian national, Leliaert. While proceedings were ongoing in a Belgian criminal court, BrĂŒgge had already reached a conclusion in a settlement with the German judicial authority, thus raising questions over a duplication of proceedings across Schengen Agreement member states. 531:, the applicant faced criminal and administrative punishment based on the same offense but at a regional and national level. The applicant was convicted of driving under the influence and death by negligence, resulting in fines and imprisonment first under Article 81 of the Criminal Code and then Section 5 of the Road Traffic Act in Austria. After failing to appeal his convictions under the 339:
he was charged for petty tax fraud due to the illegally cheaper fuel alongside his admission to refueling the vehicle himself. Ruotsalainen was charged the difference between the tax in administrative proceedings brought against him from the same event. When domestic authorities refused to grant a reduction in the tax charge, Ruotsalainen brought the case before the
294:, the applicant, who was a retired judge sentenced for murder and unlawful possession of a firearm, appealed to the ECtHR based on the “criminal nature” of his disciplinary proceedings. These disciplinary penalties included the deprivation of his former privileges as a judge, such as his pension rights. Thus, he claimed that his rights relevant to 780:
Swedish government with administrative tax penalties. Subsequently, Fransson was tried for failing to report sizable employer’s contributions in taxes, culminating to a criminal offense due to the copious amounts of money not reported and the significant impact of his failure to declare. Accordingly, Fransson brought the matter to the
829:, the CJEU handled whether an administrative fine by a national consumer protection authority against a company could become criminal in nature when addressing unfair commercial practices and consumer protection under Directive 2005/29/EC. In 2016, the Italian Competition Markets Authority (AGCM) fined both 975:
the merits of the case.” In such, the requirement is not fulfilled when a prosecuting authority failed to undertake a thorough investigation, refused to proceed based on the defendant’s ability to give a statement, or failed to provide substantial hearsay witness testimony. Accordingly, this applies in
1026:
was violated given the existence of “inextricably linked” facts. Regardless of the legal classification, affirming the criminal nature of the acts, the punishable acts of importation in Norway and exportation in Belgium of the same narcotic drugs constitutes “the same acts,” which are protected under
1014:
in the frame of material acts. The defendant, a Belgian national, was tried and sentenced in Norway for importing illicit narcotics. Van Esbroeck was conditionally released and escorted back to Belgian whereupon his return he was tried and convicted for exporting the aforementioned illicit narcotics.
833:
5 million euros on the basis of unfair commercial practices in the automobile industry by distorting their pollutant emissions levels on their vehicles’ interfaces. While VWGI and VWAG were still involved in proceedings with the Italian Regional Administrative Court, the Public Prosecutor’s Office of
624:
provides a clause pursuant to protections against re-trials under Article 50 § 1, the penalties brought against Zolotukhin were an administrative charge under minor disorderly acts and a criminal charge, constituting separate offenses in Russia’s dual-track system. However, Zolotukhin complained that
354:
and the second, although administrative technically, had a “criminal nature” due to its intent to punish and dissuade a repeated offense. While both penalties were handled separately, they converged towards the same criminal subject matter. Thus, the Court concluded that there had been a violation of
338:
relevant to the criminal nature of national administrative proceedings and penalties. The applicant, a Finnish national, was stopped by the police in 2001 during a road check when police found Ruotsalainen to be driving with leniently taxed fuel that was illegal given his type of vehicle. Thereafter,
474:
judgment that dealt with an alleged duplication of criminal offenses under a change in international war crimes law. The applicant, a Croatian national, was tried by the Osijek Military Prosecutor in 1993 on the grounds of serious offense against civilians through the Croatian army in 1991. However,
974:
since it realized that the Polish termination was not considered “final” to invoke Article 54. Thus, reopening proceedings in Germany would not constitute a duplication of proceedings. A fundamental facet of Article 54 is the requirement of a decision made “after a determination has been made as to
925:
principle such that once the applicant fulfills outlined obligations or negotiations with the public prosecutors, the discontinuation of proceedings constitutes a procedure that cannot be tried again in another member state. The CJEU underscored the initial legal ability of the public prosecutor to
615:
The applicant, Sergey Zolotukhin, served as a Russian soldier and took his girlfriend into military property without permission, acted threateningly, and used obscene insulting language toward the police officers who arrested him in 2002. On 4 January 2002, the Gribanovskiy District Court, where he
799:
was not breached since the initial tax penalty did not constitute a criminal penalty and left the discretion to the national court. Firstly, the CJEU posited that an invocation of Article 50 necessitated the main proceeding to be of criminal nature, which contested Fransson’s petition. Second, the
487:
decided that the termination of the proceedings was in fact in violation of the General Amnesty Act. This was due to the severity of Marguơ’ actions during the war—killing four persons and seriously wounding a child—on top of his cited offenses as a member of the reserve forces following his duty.
413:
The primary task of the ECtHR was to examine whether the invocation of section 12-1(1) of the Tax Assessment Act and the aggravated tax fraud charge were both criminal, which would jeopardize the protections of Mr. A and Mr. B. First, the ECtHR acknowledged that due to the optional ratification of
309:
Ultimately, the ECtHR concluded that application was inadmissible and upheld the indictment decided by the Vienna Court of Appeal acting as Disciplinary Court (Oberlandesgericht als Disziplinargericht). The ECtHR decided that the disciplinary proceedings did not reach a criminal level according to
779:
was tested if it could be invoked to prevent criminal proceedings for tax evasion contingent on an existing administrative tax penalty. Accordingly, Fransson was tried in Sweden by tax authorities on the grounds that he falsified his value added tax and income tax. Thus, he had been fined by the
142:
In other words, national courts cannot proceed against the responsible parties of crimes within the tribunal's jurisdiction if the international tribunal has already pronounced sentence for the same crimes. However, the ICTY and the ICTR can judge alleged criminals already sentenced by national
1076:
at the request of American authorities. Upon arrest, HF mentioned that he had been imprisoned in Slovenia for the offense of “attacking information systems” and fully served his sentence. Thus, upon calls for extradition, the Higher Regional Court of Munich had doubts towards the application of
724:
respectively. When cases pertain to a duplication of proceedings or penalties between several member states, especially pertaining to extradition, CISA and EAW become critical instruments, as discussed infra. Moreover, given the judicial framework of the EU, the CJEU has the potential to invoke
496:
While the Court found there to be no violation of Article 6 given the lack of proof of the judge’s partiality in initial proceedings, the Court found that the invocation of Article 4 of Protocol No. 7 to be non-applicable. The Court did acknowledge that both sets of proceedings handled the same
434:
principle, or duplication of proceedings. The substance and the chronological closeness of proceedings were not intended to be mutually exclusive but to be assessed conjunctively to justify the relevance of both cases and guarantee the protections of individuals from unduly delay over prolonged
259:
protections. The three criteria are as follows to determine if a penalty is of “criminal nature”: (1) the national classification of the offense, (2) the criminal nature of the offense, and (3) the severity of the penalty. If penalties are primarily intended to compensate for the shortfall and
488:
Accordingly, the Supreme Court ruled that amnesty could not be granted, leading him to be tried and imprisoned for war crimes. Subsequently, MarguĆĄ appealed to the Supreme Court, which upheld the conviction on the grounds that the second set of proceedings dealt with a broader scope since a
123:
principle has a peculiar meaning, especially in comparison to European supranational law. The ICC jurisdiction is complementary to national law, and Article 20 of the Rome Statute specifies that even if the principle remains in general terms, it cannot be taken in consideration if there is
620:. Following, on 23 January 2002, the District Court tried him in a criminal case, which cited him violating Article 213 § 2(b) of the Criminal Code of the Russian Federation for “disorderly acts, including resisting a public official dealing with a breach of public order.” While the 546:
The Court determined that despite the administrative action in the procedures, they were criminal in nature based on the fact that Gradinger’s fine was accompanied with a prison sentence contingent on his default on payment. Thus, Gradinger’s case fulfilled the initial prong of the
425:
could only be violated in dual proceedings when there existed “complementary responses to socially offensive conducts” that were integrated in a way to demonstrate a “coherent whole” of indictments from the original criminal and administrative facets of the penalties. Moreover,
492:
violation was applied. Thus, MarguĆĄ brought his application to the ECtHR in 2009 on the grounds of his rights under Article 6 to a fair trial and Article 4 to not be tried or punished twice were violated such that the subject of the 1997 and 2007 proceedings were the same.
800:
CJEU emphasized that Article 50 can treat administrative penalties and criminal penalties exclusively for the same cited act so long as the administrative penalty does not reach criminal consequences. Finally, like the ECtHR has determined in matters in
1512: 853:
under Article 50 were breached. The Court’s premise laid on the idea that the imposed administrative fine constituted a criminal penalty due to its punitive purpose and higher degree of severity. The nature of the penalty was tested through the
812:, which it failed to demonstrate. Ultimately, the CJEU concluded the matter to be relevant to the Swedish court’s decision so long as whatever issued penalties are “effective, proportionate, and dissuasive” according to its national standards. 987:
principle: (1) a final decision in proceedings from one member state must bar further prosecution and penalty in another member state and (2) a decision must be delivered “after a determination has been made as to the merits of the case.”
260:
encourage future compliance, they may not be considered criminal according to the severity and purpose principles of the Engel Criteria—as seen in certain cases related to tax withholding. Through the application of these criteria, the
551:
and could be assessed for potential violations of the dual-track criminal and administrative sentence. Due to the inherently criminal nature of the two proceedings regarding the same offense, the Court determined that his rights under
1537: 150:
the judiciary of the state is not considered impartial or the domestic trial is considered to be a pretense to protect the accused from the legal action of international justice or is considered to be unfair on some fundamental legal
435:
proceedings. The Court ruled in both applicants’ cases that their respective criminal and administrative proceedings had proportionate and foreseeable cumulative penalties. Thus, the Court ruled there had not been a violation of
632:
The Court similarly decided that despite the initial administrative proceedings, the guilty finding and detention under the Code of Administrative Offenses constituted a “criminal nature,” satisfying the first of the
825: 1696: 1648: 1672: 1624: 1600: 846:
had been violated. By contending the matter to the CJEU, VWGI and VWAG posited that the administrative fines reached a criminal level, therefore hindering their protections from punishment twice.
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offense. Yet, the Court noted that contemporary granting of amnesties for war crimes was unacceptable and that the decisions taken in Croatia aligned with the fundamentals in the Convention—
246: 617: 128: 226: 593: 589: 502: 498: 295: 264:
can ensure that states do not circumvent human rights protections through non-criminal punitive measures at the national level and harmonize criminal proceedings at the ECtHR.
82: 1101: 839: 796: 785: 776: 573: 471: 218: 1244: 193:. Section 1 of Article 4 outlines the procedure relevant to rights against being prosecuted or punished twice in criminal proceedings. Thus, trials involving breaches of 1108:
affirmed the supremacy of the Schengen Area and the EU over bilateral treaties in matters related to fundamental rights under extradition processes and double jeopardy.
90: 687:, the ECtHR has revolutionized its approach to determining the criminal nature of multiple offenses in contracting states with dual-track procedures such as Russia. 1498: 255:
This is critical to assess when penalties that are not considered criminal at the national scale should be treated as “criminal” for the purposes of invoking
716:. Since the scope of the Charter is relevant to EU member states, cases related to cross-border double jeopardy and third-party affairs are clarified under 1082: 1031:. While the CJEU reiterated that definitive assessment would ultimately be under the jurisdiction of the respective national courts, the same offense in 132: 1464: 625:
the detention tied to his disorderly acts and his criminal sentence culminated in double penalty under the same offense, breaching his rights under
679:
since both proceedings were not legally classified as criminal. Thus, the Court ruled that there had been a violation of Zolotukhin’s rights under
1731: 637:. In this landmark case, the Court decided to synthesize approaches it had used in past to determine whether the same offense had been invoked in 85:
guarantees the right to be free from double jeopardy; however, it does not apply to prosecutions by two different sovereigns (unless the relevant
1052: 729:, altering the fundamental approach to member states discretion in related proceedings. Granted certain exceptions, the wording and scope of the 781: 705: 601: 398:
was a landmark case since it established the “substance and time connection” requirement relevant to assessing a duplication of proceedings in
1089:
could be potentially ruled out given its exclusion of considerations of judgments from other Member States, that being Slovenia in this case.
651:, whether the lower courts had produced several offenses in separate proceedings from the same conduct (concours ideal d’infractions) seen in 1726: 350:
The ECtHR decided that both penalties imposed upon Ruotsalainen were criminal in nature with the first contingent upon the classification of
888: 884: 792:. By doing so, he implied that the initial administrative tax penalty was criminal in nature, subjecting him to trial and punishment twice. 979:
whereby the Polish courts failed to gather substantial evidence to fully administer proceedings and potential penalties to the defendant.
543:
on the premise that the administrative and criminal proceedings pursued against him were based on identical facts from the same offense.
302:
were relevant in raising his disciplinary proceedings. If the Court deemed the disciplinary charges criminal in nature, his rights under
789: 734: 680: 664: 626: 585: 553: 540: 506: 440: 415: 407: 360: 344: 174: 1065: 713: 178: 894:, the CJEU dealt with legality of the preclusion of further prosecution given the discontinuation of criminal proceedings in another 1097: 843: 717: 709: 1551: 1072:. The defendant, whose alias is HF, was a Serbian national who was put into custody in Germany following a red notice issued by 1221:"The European Convention on Human Rights and its protocols - Manual for Human Rights Education with Young people - www.coe.int" 1220: 1364: 52:
to the effect that no legal action can be instituted twice for the same cause of action. It is a legal concept originating in
605: 430:
set the precedent of requiring “sufficiently close connection in substance and in time” between proceedings according to the
340: 281: 261: 170: 1015:
An appeal was then brought before the Belgian Court of Cassation and the preceding court on the grounds that Van Esbroeck’s
1006: 784:
on the grounds that his rights to not be tried and punished twice for a criminal offense had been violated according to
197:
can only be commenced contingent on the criminal nature of the tried act, the duplication of proceedings seen via the
959: 817:
Case C-27/22, Volkswagen Group Italia S.p.A., Volkswagen Aktiengesellschaft v. Associazione Cittadinanza Attiva Onlus
1388: 1316: 580:
or same offense principle—and harmonized the procedural laws for multiple prosecutions in contracting states in the
288:
has become a principal issue when assessing if the disciplinary proceedings also have reached a criminal nature. In
1122: 1601:"Volkswagen Group Italia S.p.A., Volkswagen Aktiengesellschaft v. Associazione Cittadinanza Attiva Onlus (2023)" 1245:"Reopening of cases following judgments of the Court - Human Rights Intergovernmental Cooperation - www.coe.int" 930:(effective application) of Article 54 and protect individuals’ enshrined rights under Article 54 of CISA. Thus, 484: 75: 659: 653: 330: 1061: 767: 721: 1340: 1436: 1412: 1268: 1069: 647: 621: 568: 527: 1010:, the CJEU assessed the relevant criterion for the application of the “same acts or offense” criteria of 641:. These approaches included whether the lower courts had penalized the applicant for the “same conduct” ( 505:. Thus, the renewed indictment against Marguơ concerning war crimes was compliant to Article 2 and 3 and 1292: 612:
related to charges and procedures with the same offenses regardless of their national legal assessment.
290: 483:
other than crimes against humanity, charges brought against MarguĆĄ were dropped. However, in 2007, the
465: 390: 351: 855: 809: 742: 634: 548: 314:. Since the disciplinary proceedings were treated as a separate matter from his criminal penalties, 299: 242: 489: 210: 86: 1175: 663:. The Court decided to change its approach toward the interpretation of “offense” according to 616:
was first tried, found Zolotukhin guilty of an administrative offense under Article 148 of the
581: 830: 1060:
principle outlined in Article 54 of CISA with Article 50 of the Charter could preclude the
946:
by establishing the preclusion of further prosecution at the national level within the EU.
476: 284:
have involved applicants with both criminal offenses along with disciplinary proceedings,
124:
unwillingness or incapability of the existence of the supranational court's jurisdiction.
65: 57: 1538:"CJEU Clarifies Scope of Ne Bis in Idem Principle Involving Sentences by Third Countries" 1576: 1168: 190: 49: 1720: 895: 480: 311: 1189: 114: 1480:"Ne bis in idem in European Law: A Difficult Exercise in Constitutional Pluralism" 1365:"The European ne bis in idem at the Crossroads of Administrative and Criminal Law" 849:
In response, the Court agreed with the applicants that their rights pertaining to
421:
Since the Court separated the criminal and administrative procedures of the case,
618:
Code of Administrative Offenses of the Russian Soviet Federative Republic (RSFSR)
135:
Statute both state that the principle can be enforced mainly to clarify that the
1117: 186: 61: 1465:"Guide on Article 4 Protocol no. 7 - Right not to be tried or punished twice" 1096:
should be upheld, thereby precluding the extradition to the U.S. in light of
657:, and whether there existed “essential elements” in both proceedings seen in 1479: 733:
principle are identically applied to the corresponding fundamental right in
53: 535:
principle in the Austrian legal system, Gradinger brought an appeal to the
1552:"The Charter of Fundamental Rights of the European Union, 20 years later" 1073: 250:
App no. 5100/71; 5101/71; 5102/71; 5354/72; 5370/72 (ECtHR, 8 June 1976)
831:
Volkswagen Group Italia (VWGI) and Volkswagen Aktiengesellschaft (VWAG)
722:
Article 3(2) of the European Arrest Warrant Framework Decision (EAW FD)
718:
Article 54 of the Convention Implementing the Schengen Agreement (CISA)
214: 182: 89:
or other agreement between the countries expresses a prohibition). The
509:
was inherently out of the scope of the case and hence not applicable.
229:, which includes during war and times of national public emergencies. 175:
Article 4 of Protocol No. 7 to the European Convention on Human Rights
139:
tribunal's sentences are "stronger" than the ones in domestic courts.
347:
were breached since he was penalized twice for the fuel tax offense.
117:
establishing the International Criminal Court (ICC) states that the
343:. According to his complaint, he cited that his rights pursuant to 221:. Finally, Section 3 of Article 4 prevents the full protections of 536: 45: 205:
concept—as discussed infra. Questions pertaining to the scope of
584:. It also established the precedent of “criminal procedure” in 379:
App nos. 24130/11 and 29758/11 (ECtHR, 15 November 2016)": -->
1081:
under the relevant law to prevent the extradition. Given the
741:
in the CJEU includes instruments from the ECtHR such as the
1045:
Case C-435/22 PPU, Generalstaatsanwaltschaft MĂŒnchen (2023)
503:
Article 3 (prohibition of degrading treatment and torture)
16:
No legal action can be instituted twice for the same cause
1083:
bilateral extradition treaty between the U.S. and Germany
826:
Volkswagen Group Italia and Volkswagen Aktiengesellschaft
375:
App nos. 24130/11 and 29758/11 (ECtHR, 15 November 2016)
737:. For example, the criteria to determine violations of 588:
to take into account broader application related to
83:
International Covenant on Civil and Political Rights
1225:
Manual for Human Rights Education with Young people
1170:
A Text-book of Roman Law from Augustus to Justinian
804:contingent on the criminal nature of a proceeding, 74:, 'previously acquitted/convicted') in some modern 1167: 866:The ‘Bis’ (Duplication of Proceedings) Requirement 759:Case C-617/10, Åklagaren v. Hans Åkerberg Fransson 710:Article 50 of the EU Charter of Fundamental Rights 367:The ‘Bis’ (Duplication of Proceedings) Requirement 913:rights under Article 54 of CISA were violated in 1174:(3 ed.). Cambridge: Cambridge UP. pp.  181:have ratified this optional protocol other than 91:Rome Statute of the International Criminal Court 1019:rights were violated under Article 54 of CISA. 280:Since considerable cases that have reached the 1035:prevented his re-trial and second punishment. 921:. The CJEU confirmed the applicability of the 479:, which applied to criminal offenses from the 237:To determine the criminality of an offense in 147:the sentence defined the crimes as "ordinary". 56:, but it is essentially the equivalent of the 1513:"Ćœupanijsko drĆŸavno odvjetniĆĄtvo u Puli-Pola" 706:Court of Justice of the European Union (CJEU) 667:, favoring a broader, liberal approach. From 8: 1577:"Åklagaren v. Hans Åkerberg Fransson (2013)" 1556:European Union Agency for Fundamental Rights 1269:"Engel and Others v. The Netherlands (1976)" 69: 201:concept, and the same offense seen via the 118: 104: 94: 38: 30: 22: 1697:"Generalstaatsanwaltschaft MĂŒnchen (2023)" 1249:Human Rights Intergovernmental Cooperation 983:therefore confirmed two key tenets of the 735:Article 4 of Protocol No. 7 under the ECHR 563:App no. 14939/03 (ECtHR, 10 February 2009) 454:App no. 4455/10 (ECtHR, 27 May 2014)": --> 1190:"Full list - Treaty Office - www.coe.int" 992:The ‘Idem’ (The Same Offense) Requirement 938:served as principal cases to bolster the 521:App no. 15963/90 (ECtHR, 23 October 1995) 513:The ‘Idem’ (The Same Offense) Requirement 276:App no. 16417/90 (ECtHR, 7 November 1990) 1158: 1134: 1062:extradition of a third-country national 572:was a landmark case brought before the 143:courts if both of the following occur: 966:In its decision, the Court ruled that 691:Court of Justice of the European Union 325:App no. 13079/03 (ECtHR, 16 June 2009) 318:was not applicable in Kremzow’s case. 171:European Court of Human Rights (ECtHR) 1458: 1456: 795:In response, the CJEU concluded that 7: 1215: 1213: 1211: 1209: 909:The Court ultimately ruled that the 872:Cases C-187/01 and C-385/01, GözĂŒtok 450:App no. 4455/10 (ECtHR, 27 May 2014) 1499:"EU Charter of Fundamental Rights" 48:as 'not twice in the same ', is a 44:) which translates literally from 14: 1106:Generalstaatsanwaltschaft MĂŒnchen 1056:, the CJEU addressed whether the 1053:Generalstaatsanwaltschaft MĂŒnchen 1022:In response, the CJEU ruled that 298:were violated, implying that the 1317:"Ruotsalainen v. Finland (2009)" 790:Article 4 of Protocol No. 7 ECHR 416:Article 4 of Protocol No. 7 ECHR 408:Article 4 of Protocol No. 7 ECHR 209:have been developed relevant to 896:Schengen Agreement member state 753:The Criminal Nature Requirement 268:The Criminal Nature Requirement 248:Engel and Others v. Netherlands 1732:Legal doctrines and principles 590:“criminal charge” of Article 6 475:with the establishment of the 156:European Court of Human Rights 1: 1437:"Zolotukhin v. Russia (2009)" 1413:"Gradinger v. Austria (1995)" 1145:, UN HRC CCPR/C/31/D/204/1986 1039:The Schengen Nature Condition 898:under Article 54 of CISA. In 712:, which is applicable in all 131:Statute and Article 9 of the 1727:Legal rules with Latin names 862:procedure through the CJEU. 608:have broadened the usage of 227:Article 15 of the Convention 1625:"GözĂŒtok and BrĂŒgge (2003)" 1293:"Kremzow v. Austria (1990)" 998:Case C-436/04, Van Esbroeck 808:additionally relied on the 681:Article 4 of Protocol No. 7 665:Article 4 of Protocol No. 7 586:Article 4 of Protocol No. 7 554:Article 4 of Protocol No. 7 541:Article 4 of Protocol No. 7 507:Article 4 of Protocol No. 7 477:General Amnesty Act in 1996 441:Article 4 of Protocol No. 7 406:were violated according to 361:Article 4 of Protocol No. 7 345:Article 4 of Protocol No. 7 245:taken from its judgment in 93:employs a modified form of 64:jurisdictions, and similar 1748: 1389:"MarguĆĄ v. Croatia (2014)" 1341:"A and B v. Norway (2016)" 574:Grand Chamber of the ECtHR 241:, the Court refers to the 1123:List of legal Latin terms 1102:Article 50 of the Charter 840:Article 50 of the Charter 797:Article 50 of the Charter 786:Article 50 of the Charter 777:Article 50 of the Charter 499:Article 2 (right to life) 951:Case C-486/14, Kossowski 700:The legal basis for the 627:Article 4 Protocol No. 7 485:Supreme Court of Croatia 225:under the conditions of 165:The legal basis for the 71:autrefois acquit/convict 1166:Buckland, W.W. (1963). 323:Ruotsalainen v. Finland 844:Article of the 54 CISA 675:principle relevant to 594:“penalty” of Article 7 576:, which broadened the 539:citing a violation of 119: 105: 95: 70: 39: 31: 23: 1673:"Van Esbroeck (2006)" 1497:European Commission. 296:Article 6 of the ECHR 1092:The CJEU ruled that 970:was not violated in 622:Russian Constitution 561:Zolotukhin v. Russia 519:Gradinger v. Austria 352:Finnish criminal law 334:tested the scope of 28:(sometimes rendered 306:would be violated. 1649:"Kossowski (2016)" 1441:hudoc.echr.coe.int 1417:hudoc.echr.coe.int 1393:hudoc.echr.coe.int 1345:hudoc.echr.coe.int 1321:hudoc.echr.coe.int 1297:hudoc.echr.coe.int 1273:hudoc.echr.coe.int 1098:Article 54 of CISA 725:direct effect via 704:principle for the 439:idem according to 274:Kremzow v. Austria 127:Article 10 of the 87:extradition treaty 60:doctrine found in 1141:For example, see 768:Åkerberg Fransson 490:Geneva Convention 448:MarguĆĄ v. Croatia 373:A and B v. Norway 243:“Engel criteria,” 189:, and, formerly, 169:principle in the 103:Rome Statute and 1739: 1711: 1710: 1708: 1707: 1693: 1687: 1686: 1684: 1683: 1669: 1663: 1662: 1660: 1659: 1645: 1639: 1638: 1636: 1635: 1621: 1615: 1614: 1612: 1611: 1597: 1591: 1590: 1588: 1587: 1573: 1567: 1566: 1564: 1563: 1548: 1542: 1541: 1533: 1527: 1526: 1524: 1523: 1509: 1503: 1502: 1494: 1488: 1487: 1484:HAL Open Science 1478:Turmo, Araceli. 1475: 1469: 1468: 1460: 1451: 1450: 1448: 1447: 1433: 1427: 1426: 1424: 1423: 1409: 1403: 1402: 1400: 1399: 1385: 1379: 1378: 1376: 1375: 1361: 1355: 1354: 1352: 1351: 1337: 1331: 1330: 1328: 1327: 1313: 1307: 1306: 1304: 1303: 1289: 1283: 1282: 1280: 1279: 1265: 1259: 1258: 1256: 1255: 1241: 1235: 1234: 1232: 1231: 1217: 1204: 1203: 1201: 1200: 1186: 1180: 1179: 1173: 1163: 1146: 1139: 462: 461: 457: 387: 386: 382: 122: 108: 98: 73: 42: 34: 26: 1747: 1746: 1742: 1741: 1740: 1738: 1737: 1736: 1717: 1716: 1715: 1714: 1705: 1703: 1701:curia.europa.eu 1695: 1694: 1690: 1681: 1679: 1677:curia.europa.eu 1671: 1670: 1666: 1657: 1655: 1653:curia.europa.eu 1647: 1646: 1642: 1633: 1631: 1629:curia.europa.eu 1623: 1622: 1618: 1609: 1607: 1605:curia.europa.eu 1599: 1598: 1594: 1585: 1583: 1581:curia.europa.eu 1575: 1574: 1570: 1561: 1559: 1550: 1549: 1545: 1535: 1534: 1530: 1521: 1519: 1517:curia.europa.eu 1511: 1510: 1506: 1496: 1495: 1491: 1477: 1476: 1472: 1462: 1461: 1454: 1445: 1443: 1435: 1434: 1430: 1421: 1419: 1411: 1410: 1406: 1397: 1395: 1387: 1386: 1382: 1373: 1371: 1363: 1362: 1358: 1349: 1347: 1339: 1338: 1334: 1325: 1323: 1315: 1314: 1310: 1301: 1299: 1291: 1290: 1286: 1277: 1275: 1267: 1266: 1262: 1253: 1251: 1243: 1242: 1238: 1229: 1227: 1219: 1218: 1207: 1198: 1196: 1188: 1187: 1183: 1165: 1164: 1160: 1155: 1150: 1149: 1140: 1136: 1131: 1114: 1094:non bis in idem 1087:non bis in idem 1079:non bis in idem 1058:non bis in idem 1048: 1041: 1029:non bis in idem 1024:non bis in idem 1017:non bis in idem 1012:non bis in idem 1002: 994: 968:non bis in idem 955: 944:non bis in idem 942:requirement of 923:non bis in idem 911:non bis in idem 880: 868: 860:non bis in idem 851:non bis in idem 836:non bis in idem 821: 802:non bis in idem 773:non bis in idem 763: 755: 747:non bis in idem 739:non bis in idem 731:non bis in idem 727:non bis in idem 702:non bis in idem 698: 696:Legal Framework 693: 673:non bis in idem 610:non bis in idem 565: 556:were violated. 533:non bis in idem 523: 515: 463: 459: 455: 453: 452: 423:non bis in idem 404:non bis in idem 400:non bis in idem 388: 384: 380: 378: 377: 369: 357:non bis in idem 336:non bis in idem 327: 316:non bis in idem 304:non bis in idem 286:non bis in idem 278: 270: 257:non bis in idem 239:non bis in idem 235: 223:non bis in idem 207:non bis in idem 195:non bis in idem 187:the Netherlands 167:non bis in idem 163: 161:Legal Framework 158: 120:non bis in idem 111: 96:non bis in idem 66:peremptory plea 58:double jeopardy 54:Roman civil law 32:non-bis in idem 24:Non bis in idem 17: 12: 11: 5: 1745: 1743: 1735: 1734: 1729: 1719: 1718: 1713: 1712: 1688: 1664: 1640: 1616: 1592: 1568: 1543: 1536:Wahl, Thomas. 1528: 1504: 1489: 1470: 1452: 1428: 1404: 1380: 1356: 1332: 1308: 1284: 1260: 1236: 1205: 1181: 1157: 1156: 1154: 1151: 1148: 1147: 1133: 1132: 1130: 1127: 1126: 1125: 1120: 1113: 1110: 1047: 1042: 1040: 1037: 1001: 995: 993: 990: 954: 948: 879: 869: 867: 864: 856:Engel criteria 820: 814: 810:Engel criteria 762: 756: 754: 751: 743:Engel criteria 697: 694: 692: 689: 635:Engel criteria 564: 558: 549:Engel criteria 522: 516: 514: 511: 451: 445: 376: 370: 368: 365: 326: 320: 300:Engel criteria 277: 271: 269: 266: 234: 233:Engel Criteria 231: 211:administrative 162: 159: 157: 154: 153: 152: 148: 110: 101: 50:legal doctrine 40:ne bis in idem 15: 13: 10: 9: 6: 4: 3: 2: 1744: 1733: 1730: 1728: 1725: 1724: 1722: 1702: 1698: 1692: 1689: 1678: 1674: 1668: 1665: 1654: 1650: 1644: 1641: 1630: 1626: 1620: 1617: 1606: 1602: 1596: 1593: 1582: 1578: 1572: 1569: 1557: 1553: 1547: 1544: 1539: 1532: 1529: 1518: 1514: 1508: 1505: 1500: 1493: 1490: 1485: 1481: 1474: 1471: 1466: 1459: 1457: 1453: 1442: 1438: 1432: 1429: 1418: 1414: 1408: 1405: 1394: 1390: 1384: 1381: 1370: 1366: 1360: 1357: 1346: 1342: 1336: 1333: 1322: 1318: 1312: 1309: 1298: 1294: 1288: 1285: 1274: 1270: 1264: 1261: 1250: 1246: 1240: 1237: 1226: 1222: 1216: 1214: 1212: 1210: 1206: 1195: 1194:Treaty Office 1191: 1185: 1182: 1177: 1172: 1171: 1162: 1159: 1152: 1144: 1138: 1135: 1128: 1124: 1121: 1119: 1116: 1115: 1111: 1109: 1107: 1103: 1099: 1095: 1090: 1088: 1084: 1080: 1075: 1071: 1070:third country 1067: 1063: 1059: 1055: 1054: 1046: 1043: 1038: 1036: 1034: 1030: 1025: 1020: 1018: 1013: 1009: 1008: 999: 996: 991: 989: 986: 982: 978: 973: 969: 964: 962: 961: 952: 949: 947: 945: 941: 937: 933: 929: 924: 920: 916: 912: 907: 905: 901: 897: 893: 892: 887: 886: 877: 873: 870: 865: 863: 861: 857: 852: 847: 845: 841: 837: 832: 828: 827: 818: 815: 813: 811: 807: 803: 798: 793: 791: 787: 783: 778: 775:principle in 774: 770: 769: 760: 757: 752: 750: 748: 744: 740: 736: 732: 728: 723: 719: 715: 714:member states 711: 707: 703: 695: 690: 688: 686: 682: 678: 674: 670: 666: 662: 661: 660:Franz Fischer 656: 655: 650: 649: 644: 640: 636: 630: 628: 623: 619: 613: 611: 607: 603: 599: 595: 591: 587: 583: 579: 575: 571: 570: 562: 559: 557: 555: 550: 544: 542: 538: 534: 530: 529: 520: 517: 512: 510: 508: 504: 500: 494: 491: 486: 482: 481:Yugoslav Wars 478: 473: 472:Grand Chamber 469: 468: 458: 449: 446: 444: 442: 438: 433: 429: 424: 419: 417: 411: 409: 405: 401: 397: 396: 393: 383: 374: 371: 366: 364: 362: 359:according to 358: 353: 348: 346: 342: 337: 333: 332: 324: 321: 319: 317: 313: 312:civil servant 307: 305: 301: 297: 293: 292: 287: 283: 275: 272: 267: 265: 263: 258: 254: 251: 249: 244: 240: 232: 230: 228: 224: 220: 219:Grand Chamber 216: 212: 208: 204: 200: 196: 192: 188: 184: 180: 176: 172: 168: 160: 155: 149: 146: 145: 144: 140: 138: 134: 130: 125: 121: 116: 107: 102: 100: 97: 92: 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Since 654:Oliveira 604:and the 596:. Since 1064:from a 932:GözĂŒtok 915:GözĂŒtok 900:GözĂŒtok 885:GözĂŒtok 428:A and B 291:Kremzow 183:Germany 1463:ECHR. 1000:(2006) 953:(2016) 936:BrĂŒgge 919:BrĂŒgge 904:BrĂŒgge 891:BrĂŒgge 878:(2003) 876:BrĂŒgge 838:under 819:(2023) 771:, the 761:(2013) 470:was a 467:MarguĆĄ 191:the UK 177:. All 151:basis. 137:ad hoc 106:ad hoc 1176:695–6 1129:Notes 940:“bis” 782:Court 606:ECtHR 578:idem— 537:ECtHR 392:A and 341:ECtHR 282:ECtHR 262:ECtHR 46:Latin 1100:and 934:and 917:and 889:and 874:and 842:and 788:and 720:and 602:CJEU 592:and 501:and 456:edit 381:edit 213:and 203:idem 133:ICTR 129:ICTY 113:The 81:The 1050:In 1004:In 985:bis 957:In 882:In 823:In 765:In 708:is 582:CoE 525:In 432:bis 199:bis 173:is 36:or 1723:: 1699:. 1675:. 1651:. 1627:. 1603:. 1579:. 1554:. 1515:. 1482:. 1455:^ 1439:. 1415:. 1391:. 1367:. 1343:. 1319:. 1295:. 1271:. 1247:. 1223:. 1208:^ 1192:. 1085:, 749:. 629:. 443:. 410:. 363:. 185:, 99:. 1709:. 1685:. 1661:. 1637:. 1613:. 1589:. 1565:. 1540:. 1525:. 1501:. 1486:. 1467:. 1449:. 1425:. 1401:. 1377:. 1353:. 1329:. 1305:. 1281:. 1257:. 1233:. 1202:. 1178:. 460:] 395:B 385:] 253:. 68:(

Index

Latin
legal doctrine
Roman civil law
double jeopardy
common law
peremptory plea
civil law
International Covenant on Civil and Political Rights
extradition treaty
Rome Statute of the International Criminal Court
Rome Statute
ICTY
ICTR
European Court of Human Rights (ECtHR)
Article 4 of Protocol No. 7 to the European Convention on Human Rights
EU States
Germany
the Netherlands
the UK
administrative
tax affairs
Grand Chamber
Article 15 of the Convention
“Engel criteria,”
Engel and Others v. Netherlands App no. 5100/71; 5101/71; 5102/71; 5354/72; 5370/72 (ECtHR, 8 June 1976)
ECtHR
ECtHR
Kremzow
Article 6 of the ECHR
Engel criteria

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