CONSIDERATIONS ABOUT OVERLAPPING CRIMINAL AND ADMINISTRATIVE LIABILITY FOR THE SAME OFFENSE

Challenges of the Knowledge Society

关键词: criminal liability;    administrative liability;    overlapping two kind of legal liability;    non bis in idem;    res judicata;   

DOI  :  

来源: DOAJ

【 摘 要 】

The ne bis in idem principle is one of the fundamental principles of a criminal trial in a state of law. This paper focuses on the question whether a possible overlapping between criminal and administrative liability for the same offense is or not a violation of this principle. Both the national and the European Court of Human Rights jurisprudence were investigated. By reporting to the European case we concluded that such a situation represents a case of bis in idem.

【 授权许可】

Unknown