The principle of ne bis in idem means that no one may be prosecuted or punished twice for the same offence. This important legal principle provides protection against repeated proceedings after a final judgment, such as an acquittal or conviction.
What does ne bis in idem entail?
The term means 'not twice for the same'. This principle, enshrined in article 68 of the Criminal Code and article 4 of Protocol 7 to the ECHR, ensures that a person cannot be tried again for an offence for which an irrevocable decision has already been taken.
When does this principle apply?
The ne bis in idem principle applies under the following conditions:
- A final judgment has been rendered (acquittal, conviction or discharge from prosecution).
- It concerns the same factual event (same time, location and act).
- It involves the same person as the suspect.
How is 'the same offence' determined?
It concerns the core of the event. For example, a traffic incident cannot first be prosecuted as a violation and later as a crime if it involves exactly the same action.
Exceptions to the principle
There are situations in which ne bis in idem does not apply:
- Revision of a case upon discovery of fraud in the original proceedings.
- Discovery of new, crucial facts after the first judgment.
- If the previous case did not involve formal prosecution.
Penalty order and ne bis in idem
If the Public Prosecution Service imposes a penalty order, the ne bis in idem principle also applies here. The offence cannot be prosecuted again, unless objection to the order has been lodged.
Cross-border application
Within the EU, ne bis in idem also applies across borders, thanks to the Schengen Agreement. An acquittal in, for example, France means that you cannot be prosecuted again in the Netherlands for the same offence.
Frequently asked questions about ne bis in idem
Can I be prosecuted again after an acquittal?
No, an irrevocable acquittal protects you against new prosecution for the same offence under ne bis in idem. This also applies after a conviction or dismissal. Exceptions are possible in cases of fraud in the case or new, unknown facts.
What if I have received a penalty order?
A penalty order from the Public Prosecution Service is equivalent to a final judgment. You cannot be prosecuted again for the same offence, unless you lodge an objection. Without objection, the case is closed.
Does this principle also apply after an acquittal abroad?
Yes, within the EU, ne bis in idem applies across borders. An acquittal or conviction in another EU country, such as Belgium, prevents prosecution in the Netherlands for the same offence. Outside the EU, this depends on local legislation.
What exactly does 'the same offence' mean?
The same offence refers to identical conduct at the same time and place. A similar situation is not sufficient; the core of the offence must be the same.
Can a case be reopened with new evidence?
In principle, no, unless there was fraud in the original case or new, essential facts come to light that were previously unknown. This may lead to revision of the case.
For legal advice in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases fall under the District Court of The Hague (district).