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APPLICATION OF THE PRINCIPLE 'NE BIS IN IDEM' (Uplatnovanie zasady 'ne bis in idem')

100%
Pida J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 6
548-558
EN
Article describes the meaning, importance and system of basic principles of criminal procedure. Article focuses on principle not to be tried or punished twice or 'ne bis in idem' as it has been embodied in legal regulation of Czechoslovakia and is embodied in legal regulation of Slovakia. The author compares legal regulations of this principle in different legal systems and documents of international law. The article examines most important cases in case law of European court of human rights, which broaden the interpretation of principle 'ne bis in idem'. A separate paragraph handles influence of European Union's integration process of common judicial and police policy on interpretation of the principle 'ne bis in idem'. These tendencies give international validity to the principle 'ne bis in idem'. First paragraph defines the term 'basic principle of criminal procedure' and the importance of principles during the criminal procedure. Then it describes short development of legal regulation involving principle 'ne bis in idem' in such statutes as Bill of basic rights and freedoms, Constitution of Slovak Republic and Codes of Criminal Procedure. Second paragpraph desribes incorporation of principle 'ne bis in idem' into the most important international documents. The regulation of Convention for the Protection of Human Rights and Fundamental Freedoms is describes more detailed. Third paragraph follow partial steps on the road to common judicial and police policy of the European Union. The steps focus on solution of cases in which more states have jurisdiction to decide, acceptance of foreign criminal sentences and sufficient punishment of other countries.
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