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European Observer on fundamental right's respect

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Case Law C-491/07 (22/12/2008)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/22/2008

Subject: Ruling once more about the ne bis in idem principle called upon in Article 54 of the CISA, the Court concluded that it does not apply to a decision by which an authority of a Contracting State, after examining the merits of the case brought before it, makes an order, at a stage before the charging of a person suspected of a crime, suspending the criminal proceedings, where the suspension decision does not, under the national law of that State, definitively bar further prosecution and, therefore, does not preclude new criminal proceedings, in respect of the same acts, in that State. According to the Court, in fact, Article 54 of the CISA is not intended to protect the suspect from having to submit to possible subsequent investigations, in respect of the same acts, in several Contracting States.

Parties: Vladimir Turansk√Ĺ

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

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