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June 30, 2025Journal of LawOpen Access

The Application of the Principle of Prohibition of Double Jeopardy (ne bis in idem) in the Case-Law of the European Court of Human Rights and National Courts

Lavrenti Maglakelidze

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Key Points

The principle of double jeopardy protects individuals from facing prosecution for the same offense twice, ensuring fairness.
Case-law from the European Court of Human Rights supports the prohibition of double jeopardy, influencing national legal systems.
Interpretation of ne bis in idem varies across nations, leading to significant implications for criminal justice processes.
National courts often rely on European Court rulings to shape their approach, reinforcing the importance of human rights protections.

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Implication

Analysis examines the principle of double jeopardy in case-law from the European Court of Human Rights and its impact on national courts.

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Cite This Study

Lavrenti Maglakelidze (2025) studied this question.

synapsesocial.com/papers/68bb3efd2b87ece8dc957d13 https://doi.org/10.60131/jlaw.1.2025.9282

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Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

1The Principle of <i>Ne Bis In Idem</i> (Article 50 of the Charter) at the Cross-Border Interface of Punitive Administrative and Criminal Proceedings in the European Union2024
2Exploring the Ne Bis in Idem principle: Material scope and application in EU law2024
3<i>Ne bis in idem</i> at the intersection between prudential and AML/CFT supervision2024
4Ne Bis In Idem Principle: Current Problems of Implementation in International Criminal Law2024 · 1 citations
5Cross-Border application of the Ne Bis In Idem principle in the context of administrative penalties criminal in nature imposed for unlawful commercial practicesOriginal Research · 2026

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Double Jeopardy and Successive Prosecutions Based on the Same Prohibited Conduct: Equivalence of Approaches to Determining the Same Offence Dilemma in Comparative Perspective2024
Compliance with the Principle of Non Bis in Idem in Criminal Proceedings Regarding Domestic Violence2025
Exceptions to the <i>Ne Bis in Idem</i> Principle in the Context of Articles 54 and 55(1)(b) CISA and Compatibility of Declarations Not to be Bound by that Principle with Articles 50 and 52(1) CFREU2024

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