The NE BIS IN IDEM Principle in the Aspect of Criminal Punishment and Administrative Penalty
The NE BIS IN IDEM Principle in the Aspect of Criminal Punishment and Administrative Penalty

Summary/Abstract: The ne bis in idem principle of Roman law, which forbids state authorities to prosecute a suspect twice for the same offense, differs from the “double jeopardy” clause of Anglo-Saxon legal systems in that it relates to a set of facts, not to a concrete crime. The “double jeopardy” clause enshrined in the Fifth Amendment of the U.S. Constitution states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” In other words, the constitutional right to freedom guarantees that it is not possible to file proceedings against someone twice for the same crime. The rationale is that individuals need protection against potential abuses of state power with respect to criminal investigations.

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