54 CISA and the principles of "ne bis in idem"

The article takes a look on the origin of the principle of ne bis in idem or double jeopardy and the purpose of the Article 54 of the Convention Implementing the Schengen Agreement (CISA). According to the author, it reveals that there are traces of ne bis in idem in ancient Greek and Roman laws. Meanwhile, it cites that CISA itself is generally stated to have been intended to compensate for the effects of the lifting of internal border control. Accordingly, it points out that 54 CISA has precluded further criminal proceedings in a different Contracting Party following any decision which has the effect of in principle precluding further proceedings in the jurisdiction from which it is handed down.

Journal/Publisher: European Journal of Crime, Volume 15, Issue 3-4

Publication type: Article

Number of pages/Page range: 309-334

Language/s (content): English

Date of publication: 02-01-07

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