Aplicarea principiului non bis in idem în jurisprudenţa europeană şi naţională
The application of the non bis in idem principle in the European and national jurisprudence

Summary/Abstract: Being in a continuous search of an equilibrium between the two legal systems, when applying the non bis in idem principle, the courthouses tend to prefer, in good conscience, restoring the overlap between factual reality and legal reality, while sacrificing the right of the accused to enjoy the calm of the criminal proceedings. At other times, however, the right of society to obtain condemnation is sacrificed, keeping the defendant accused of sheltering the finalized criminal process. Maintaining this balance as well as the incidence of European and conventional law generates difficulties in the application of the non bis in idem principle.

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