Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/18/2007

Subject: The Court once again finds itself dealing with the ne bis in idem principle and, in particular, with the notion of “same acts” and of “enforcement” of criminal penalties, within the meaning of Article 54 of the Convention implementing the Schengen Agreement (CISA ). In this case, the Court ruled that the transportation of contraband cigarettes such as those at issue in the main proceedings, involving successive crossings of internal Schengen area borders, is therefore capable of constituting a set of facts which are inextricably linked together in time, in space and by their subject matter, covered by the notion of “same acts”. According to the Court, it is necessary to consider that a penalty imposed by a court “has been enforced” if the defendant has been given a suspended custodial sentence. On the contrary, a penalty imposed by a court is not to be regarded as ‘having been enforced’ where the defendant was for a short time taken into police custody and/or held on remand pending trial. Finally, the fact that a Member State in which a person has been sentenced by a final and binding judgment may issue a European arrest warrant for the arrest of that person cannot affect the interpretation of the notion of ‘enforcement’ within the meaning of Article 54 of the CISA.

Parties: Kretzinger

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

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