The Principle of Ne Bis in Idem
The principle of ne bis in idem, enshrined in Article 68 of the Dutch Criminal Code (Sr), prohibits the prosecution or punishment of an individual more than once for the same act following a final decision. This principle ensures legal certainty and protects against repeated legal proceedings.
It applies both after conviction and acquittal. A final acquittal bars prosecution for identical facts; in the case of a conviction, no new penalty may be imposed for the same offence, unless the facts differ.
Exceptions and Delimitations
Exceptions exist, such as in cases of continuous conduct or when new legal qualifications arise. The Supreme Court applies a factual and circumstantial test: identical facts block reopening. This prevents abuse while allowing for prosecution of new offences.
In practice, ne bis in idem plays a role in complex cases such as financial fraud or violent crimes involving multiple suspects. The European Court of Human Rights (ECtHR) monitors its application through Article 4 of Protocol 7 to the ECHR.
Practical Implications
Violation may lead to a declaration of inadmissibility of prosecution. For defendants, it provides peace of mind; for the Public Prosecution Service, it necessitates careful case preparation. Finality effectively activates this protective shield.
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