Предотвратяване и уреждане на спорове за упражняване на компетентност при наказателни производства и принципът ne bis in idem
Prevention and Settlement of Conflicts of Jurisdictions in Criminal Proceedings and the Ne Bis in Idem Principle

Summary/Abstract: With the growing international element in the activities of organized crime, EU Member States (MS) more often encounter situations in which several of them have authority to initiate criminal proceedings on the same case. Positive conflict of jurisdictions is becoming more likely with the broadening of extraterritorial competences in many MS in the recent years. At the same time, Eurojust statistics show that negative conflict of jurisdictions should not be underestimated as their number increases, in particular with respect to complex economic crimes. EU takes steps to deal with the negative ramifications of parallel proceedings. Such consequences include unnecessary commitment of resources and time by law-enforcement agencies and negative effects on the interests of the participants in the criminal proceedings. The most severe negative effect of parallel criminal proceedings is the potential imposition of two penalties for the same criminal act. Several legal instruments implant ne bis in idem in EU legal framework. However, these provisions are not comprehensive on the scope of the principle, which resulted in legal proceedings before the European Court of Justice. The Court provided pivotal guidance on the matter.

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