The Grounds for Resumption of the Administrative Penal Proceedings in Accordance with Art. 70, Letter “D” of the Law for Administrative Offences and Sanctions and the “Non Bis in Idem” Principle
Authors:
Izabela
Chakarova-Dimitrova
St. Cyril and St. Methodius University of Veliko Tarnovo, Bulgaria
Pages:
76-
84
Abstract:
The subject of this article is the grounds for resumption of the administrative penal proceedings in accordance with art. 70, letter “d” of the Law for the administrative offences and sanctions. The text presents a detailed analysis of the stipulations of the above stated law. The interpretation of the grounds for resumption takes two important issues into account. The first one is the exceptional nature of resumption and the second one is the fact that the norm stated above aims at fixing an already existent breach of the “non bis in idem” principle. The article concludes with the recommendation for improving the current legislation by the addition of new grounds for resumption to the administrative penal proceedings.
Keywords:
grounds for resumption, administrative penal proceedings, art. 70, letter “d” of the Law for the administrative offences and sanctions, the „non bis in idem” principle.
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