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

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  • Nicolae, GRADINARU

    () (“Constantin Brâncoveanu” University, Romania)

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

Suggested Citation

  • Nicolae, GRADINARU, 2013. "The Right Of Not Being Judged Or Punished Twice For The Same Deed According To The European Convention On Human Rights," Management Strategies Journal, Constantin Brancoveanu University, vol. 22(Special), pages 217-224.
  • Handle: RePEc:brc:journl:v:23:y:2013:i:s:p:217-224
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    Keywords

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

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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