Advanced Search
MyIDEAS: Login

The Right Of Not Being Judged Or Punished Twice For The Same Deed According To The European Convention On Human Rights

Contents:

Author Info

  • Nicolae, GRADINARU

    ()
    (“Constantin Brâncoveanu” University, Romania)

Registered author(s):

    Abstract

    The principle of applying a single penalty for a single unlawful act is also provided by the European Convention on Human Rights. This principle involves the application of a single sanction for a single illegal act; the one who disregarded by his behavior, the rule of law will be responsible only once for the wrongful act, for a breach of the law corresponds to only one legal sanction. The principle does not exclude the possibility of the simultaneous existence of multiple forms of legal responsibility for the unlawful act committed by the same person, when by the same unlawful act are violated several rules of law. Article 4 of Protocol no.7 of the European Convention for human rights devotes “the right of not being judged or punished twice”, known under the traditional name of “ne bis in idem”: "No one can be criminally prosecuted or punished by the jurisdiction of the same State for committing the offense for which he has already been acquitted or convicted by a final judgment according to the law and penal procedure of that State.(...)" In this matter we will expose two situations that were solved by the European courts regarding the “ne bis in idem” principle

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.strategiimanageriale.ro/papers/130529.pdf
    Download Restriction: no

    Bibliographic Info

    Article provided by Constantin Brancoveanu University in its journal Management Strategies Journal.

    Volume (Year): 23 (2013)
    Issue (Month): Special ()
    Pages: 217-224

    as in new window
    Handle: RePEc:brc:journl:v:23:y:2013:i:s:p:217-224

    Contact details of provider:
    Phone: 004-0248-221098
    Web page: http://www.univcb.ro/

    Related research

    Keywords: responsibility; unlawful act; contravention; offense; sentence; final decision;

    Find related papers by JEL classification:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:brc:journl:v:23:y:2013:i:s:p:217-224. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dan MICUDA).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.