The Ne Bis in Idem Principle and the Duplication of Parallel Criminal And Administrative Punitive Measures in the Field of Economic and Financial Crime in Europe

auteur Waleed M. ElFarrs
tijdschrift RIDP (ISSN: 0223-5404)
jaargang 2018
aflevering The Role of Corporations in Criminal Justice
onderdeel Double Jeopardy Protection in Criminal Proceedings Against Corporations
publicatie datum 31 mei 2019
taal English
pagina 239
samenvatting

The tensions between both the requirements of effectiveness and doctrinal consistency as well as
between pluralism and formalism have crystalized in the recent jurisprudential debate over parallel
prosecutions and ne bis in idem, which led to a ne bis in idem doctrine which is more tolerant to double
prosecutions. The tolerance as such was compellingly criticized because it allegedly goes against the
rationales of ne bis in idem. Thus, this paper sheds light on the rationales as such and assesses whether
and to what extent the ne bis in idem principle should allow duplication of both an administrativepunitive
and criminal prosecutions in the field of economic and financial crime under article 50 CFR,
article 54 CISA and article 4 protocol 7 ECHR.