The implications of the ne bis in idem principle on the deeds, which are regarded as a disciplinary offenses and the administrative infractions
Abstract
The rule that no one can be prosecuted or punished repeatedly in criminal proceedings under the jurisdiction of the same state for an offense for which he has already been acquitted or convicted by a judgment on the merits, confirmed in Art. 4 of Protocol no. 7 to the European Convention on Human Rights, as well in Art. 40 Sec. 5 of the Charter of fundamental rights and freedoms and Art. 50 par. 5 of the Constitution of the Slovak Republic, is a component of the right to a fair trial in criminal matters. The ne bis in idem principle does not only avoid double prosecution and punishment for criminal offenses sensu stricto defined as follows in national legislation, but also relates to offenses dealt with by administrative authorities - offences which have the character of criminal cases under the Convention within the meaning sensu lato.
This paper examines the implications of the ne bis in idem principle on the deeds, which are regarded as a disciplinary offenses and the administrative infractions in relation to the issue of another hearing and punishment for administrative or criminal offenses.