Considerations on the ne bis in idem Principle

Abstract

The principle of ne bis in idem represents a fundamental safeguard against the repeated exercise of the State’s punitive power and constitutes an essential component of legal certainty in criminal matters. This article aims to examine the content, scope and practical implications of the principle, with particular emphasis on the prohibition of being tried or punished twice for the same offence. Previous legal scholarship and the case-law of the European Court of Human Rights have progressively developed the autonomous meaning of the concepts of “criminal proceedings”, “same offence”, “final conviction” and duplication of proceedings. The article approaches these elements from a legal and jurisprudential perspective, with particular consideration given to the relationship between the procedural and substantive dimensions of ne bis in idem and to its application in the Romanian legal system. The analysis of relevant European case-law highlights the importance of assessing the factual identity of the conduct rather than relying exclusively on its formal legal classification, as well as the need to distinguish legitimate coexistence of different forms of legal liability from prohibited duplication of criminal proceedings or penalties. The findings emphasize the role of the principle in safeguarding individual rights, legal certainty and proportionality in the exercise of criminal jurisdiction. The article also identifies the continuing challenges arising from the interaction between domestic law and the autonomous Convention standards developed by the Court.