Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/29/2016

Subject: The Court affirmed that the principle of ne bis in idem laid down in Article 54 of the Convention Implementing the Schengen Agreement, read in the light of Article 50 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a decision of the public prosecutor terminating criminal proceedings and finally closing the investigation procedure against a person, albeit with the possibility of its being reopened or annulled, without any penalties having been imposed, cannot be characterised as a final decision for the purposes of those articles when it is clear from the statement of reasons for that decision that the procedure was closed without a detailed investigation having been carried out; in that regard, the fact that neither the victim nor a potential witness was interviewed is an indication that no such investigation took place

Parties: Kossowski

Classification: Justice - Art. 47 Justice: remedy - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

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