Aplicabilitatea principiului ne bis in idem în cazul ordonanţelor de clasare

The applicability of ne bis in idem principle in regard to a case dismissal solution in the pre-trial stage

Diana LUCACIU

Procuror stagiar

Parchetul de pe lângă Judecătoria Alba Iulia

Abstract

The aim of the present article is, firstly, to shortly analyze the ne bis in idem principle in the view of the European Court of Human Rights, especially in the light of the judgment passed in the case of Mihalache against Romania, concluding in the end of the first section whether or not this represents an alignment of the Strasbourg Court with the Luxembourg Court. Secondly, the article also includes an analysis of the judgments given by the Court of Justice of the European Union in cases where the ne bis in idem principle was incidental. Finally, the article includes a section dedicated to Romanian domestic law, being also presented the proposed solutions for the hypotheses in which an order of the prosecutor is the act...