IDEAS home Printed from https://ideas.repec.org/a/brc/journl/v23y2013isp217-224.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://www.strategiimanageriale.ro/papers/130529.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    responsibility; unlawful act; contravention; offense; sentence; final decision;
    All these keywords.

    JEL classification:

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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. 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.

    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.

    We have no bibliographic references for this item. You can help adding them by using 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 RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dan MICUDA (email available below). General contact details of provider: http://www.univcb.ro/ .

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

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.