Ne bis in idem — Double Jeopardy

Principle

Ne bis in idem bars renewed prosecution or punishment for an offense on which a final decision has already been rendered.

Legal basis

Section 9 IRG: extradition is inadmissible where there has been a final adjudication in Germany or in a third country. Article 54 CISA: cross-border ne bis in idem within the Schengen area. Article 50 of the EU Charter: ne bis in idem as an EU fundamental right.

Requirements

The same offense (idem) — what matters is the identity of the facts, not the legal classification. A final decision (bis) — no further appeals are available.

EAW specifics

Article 54 CISA applies in the EAW context: once proceedings have been finally concluded in a Schengen state, further criminal prosecution is inadmissible — even if the sentence has been served (ECJ, Case Van Straaten).

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