The principle „ne bis in idem” in the light of the current legal framework of the Republic of Bulgaria
Authors:
Мiroslava
Chifchieva
St. Kliment Ohridski University of Sofia, Bulgaria
Pages:
253-
263
Abstract:
The article presents the principle ne bis in idem as a fundamental legal principle. According to the
principle, a person can not be tried or punished more than once for the same behaviour. Punishment in administrative
proceedings involved criminal charges within the meaning of Article 6(1) of The Convention for the Protection of
Human Rights and Fundamental Freedoms and the subsequent criminal prosecution for the same act if the subjest
and grounds are the same violate the principle ne bis in idem.
Special attention is paid to the amendments to the Criminal Procedure Code and the Law for the administrative
offences and sanctions, entered into force on 5th of November 2017. Accent is placed on the the application of the
principle within the current legal framework.
Keywords:
the „ne bis in idem” principle, Article 4 of the 7th Protocol of The Convention for the Protection
of Human Rights and Fundamental Freedoms, one and the same act, administrative offences that are criminal in
nature, subsequent criminal prosecution.
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