Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione Sezione II penale

Date: 01/18/2007

Subject: The Court declared that the international “ne bis in idem” principle, provided by item 54 of the Schengen Agreement’s applicatory Convention, can operate also when, on the same fact and in confront of same subject, has been sentenced the dismissal by a foreign judicial authority ( in the case under examination of the Court, by German Judicial Authority) but on condition that the subject interested fulfils the duty of demonstrating that, through such measure, has been done a concerning opinion about groundlessness of crime notification, with consequent judgement of non-guilt, susceptible of passing in dismissed case

Parties: Centonze

Original language: Italian

Classification: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

Text