Abstract

The article describes the meaning and comprehension of the legal concept of ne bis in idem (“not twice in the same [thing]”), which is crucial for the legal orders of democratic states, from the viewpoint of the criminal law. It analyses the abundant ECtHR caselaw based on Art. 4 of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 22 November 1984, as this provision determines how and to what extent the ne bis in idem concept shall apply. In the first place, the article notes the elements affecting the criminal law nature of the proceedings (the penalty applied), which the ECtHR formulated as so-called Engel criteria. Further on, the evolution of the ECtHR position with respect to the assumption of identity of the action, which eventually refers to the ontological understanding of idem, has been outlined. Then, the elements deciding whether a final resolution has been adopted in a given case have been presented, in particular from the perspectives of ordinary and extraordinary measures of appeal. Finally, the guarantee prohibiting double action or penalty (bis), understood already as the prohibition to expose to judgement as well and the very judgment and punishment for the same action, has been described.