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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Ne bis in idem

Gaiane Nuridzhanian

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Criminal law — Justiciability — Comparative constitutional law

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 Ne bis in idem is a fundamental principle of law according to which no person should be tried twice for the same illegal act. The phrases non bis in idem or nemo bis vexari pro (una et) eadem causa are used to express the same idea. In common law, the principle of ne bis in idem is synonymously referred to as the ‘double jeopardy rule’ (Fellmeth and Horwitz). 2 The principle of ne bis in idem serves to protect individual liberty and autonomy. It ensures that, once a person has been tried, a final decision on acquittal or conviction is respected and that the...
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