Pregledni rad
https://doi.org/10.51650/ezrvs.19.1-2.6
Decision of the German Federal Constitutional Court on the Protection of the Principle of Ne Bis In Idem
Nenad Igrec
orcid.org/0009-0001-5173-6806
; Circet Deutschland SE, Hannover, Njemačka
Sažetak
The paper examines the adoption procedure and the legal effect of the decision of the German Federal Constitutional Court regarding the unconstitutionality of Article 362, Paragraph 5 of the German Code of Criminal Procedure. With this decision, the legal application of the ne bis in idem principle was re-established. In its decision dated October 31, 2023, the Federal Constitutional Court found that Article 362, Paragraph 5 of the Code of Criminal Procedure was contrary to the Basic Law of the Federal Republic of Germany and incompatible with international legal standards. Consequently, it annulled the provisions of Paragraph 5 of Article 362. The legislator undoubtedly violated the ne bis in idem principle when enacting these legal amendments. The first part of the paper considers the procedure for adopting the constitutional decision and the assessment of constitutionality, while the second part analyzes the effects of the decision of the Federal Constitutional Court.
Ključne riječi
ne bis in idem; renewal of criminal proceedings; criminal procedural law; Germany.
Hrčak ID:
333199
URI
Datum izdavanja:
5.7.2025.
Posjeta: 0 *