Articolul 4 din Protocolul nr. 7. Ne bis in idem. Încălcare. Lipsa raportului de proporționalitate.
Article 4 of the Protocol no. 7. Ne bis in idem. Violation. Lack of proportionality ratio.

Summary/Abstract: Art. 4 of Protocol no. 7 of the Convention prohibits the prosecution or double trial of an “offense” in so far as it resulted from identical facts or facts that were substantially the same. In the cases that put into question art. 4 of Protocol no. 7, it must be determined whether the national measure in question, analyzed in substance or in effect, has imposed a double burden to the detriment of the person in question or whether, on the contrary, it is the result of an integrated system for dealing with various aspects in a predictable and proportionate manner, forming a coherent whole, so that the individuals concerned do not bear an exorbitant load. The purpose of art. 4 of Protocol no. 7 is to prevent the injustice resulting from the fact that a person is prosecuted or punished twice for the same incriminated behavior. However, it does not prohibit legal systems that adopt an integrated approach to antisocial acts, in particular an approach that involves parallel proceedings, in legal response to wrongdoing, by different authorities and for different purposes.

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