Ne Bis In Idem Principle

1ne bis in idem is a fundamental legal principle common to practically all national criminal justice orders in europe usually as a constitutional human right.

Ne bis in idem principle. A measure of confusion and conflict within the case law of the community courts. It may operate both externally i e in an international context when a person has been finally convicted or acquitted by a court in another state and internally i e in a domestic context. It is a legal concept originating in roman civil law but it is essentially the equivalent of the double jeopardy autrefois acquit doctrine found in common law jurisdictions. It is also known as the prohibition of double jeopardy.

According to this principle a person can not be prosecuted more than once for the same criminal behaviour. Positive conflicts of jurisdiction and the allocation of cases between. The principle of ne bis in idem in criminal matters in the case law of the court of justice of the european union the principle of ne bis in idem in criminal matters in the case law of the court of justice of the european union 01 september 2017 2017 00014 document. Non bis in idem which translates literally from latin as not twice against the same thing is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action.