Tag: ne bis in idem
JudgmentsExtradition denial and EU ne bis in idem (Cass. 9068/23)
Without examination on the merits of the extradition request from another EU member state, a decision to dismiss is irrelevant for ne bis in idem.
JudgmentsEU convictions and national criminal proceedings: FD 2008/675 in action (Cass. 3389/23)
Framework Decision 2008/675/JHA on taking account of EU convictions does not imply automatic recognition of any foreign judgment of EU member states but makes legal effects of said judgments equivalent to those resulting from previous Italian national convictions in accordance with national law.
JudgmentsAdministrative sanctions for copyright violations ban criminal conviction for ne bis in idem (Rovereto Court,. 2/23)
Copyrights violations sanctionend by an administrative fine cannot be punished twice (Engel criteria) with direct application of art 50 Charta.
JudgmentsNe bis in idem principle in Italian, European and International law (Cass. 32932/22)
Tthe principle of ne bis in idem constitutes neither principle nor custom of international law, but, at most, a "tendential principle which inspires the international order today": but in the EU ..
JudgmentsDismissal of the case and EU ne bis in idem effect in extradition proceedings (Cass. 27384/22)
German dismissal of the case by the Prosecution grants an EU ne bis in idem effect and bans extradition to a third state.