Evoluţia aplicării în jurisprudenţa naţională a jurisprudenţei Curţii Europene a Drepturilor Omului în materia principiului „non bis in idem”. Studii de caz
The Evolution of the Application in the National Jurisprudence of the Jurisprudence of the European Court of Human Rights in the Matter of the „non bis in idem”. Principle. Case Studies

Summary/Abstract: The present study aims to draw attention to the way in which the national courts have received and applied, in criminal cases, the jurisprudence of the European Court of Human Rights regarding the non bis in idem principle. The analyzed cases cover the application of the non bis in idem principle in two categories of situations: (i) when the defendant is sent to trial for committing an act for which he was previously sanctioned as a misdemeanour and, respectively, (ii) when against the defendant was ordered a solution of non-prosecution, followed by the reopening of the criminal prosecution and, afterwards, indictment. From the analysis of the criminal judgments, it can be observed a lack of coherence in the application of the jurisprudence of The European Court and an uneven practice, both at the level of district courts, and at the level of courts of appeal, as courts of judicial control, an aspect which requires increased attention and, consequently, a serious deepening of the matter, in order to ensure the respect of the fundamental human rights and in order to avoid a possible conviction of the Romanian State.

• Details
• Contents