The ‘ne bis in idem’ rule : human right or burden of the state?

Abstract

The ne bis in idem rule is enshrined in both our Constitution and in relative International Instruments acting as a procedural defence which prevents a second prosecution on the basis of the same offence or on the same facts. The purpose of this dissertation is to first discern among local and international frameworks, in order to give a good grasp of this tenet. Following this, the abuses which may occur in regard to this principle will be delved into, by sifting through the due process rules such as that of diligence of the court in its proceedings, the function of compelling new evidence, the process of re-opening proceedings which are deemed res judicata, the implications of wrongful convictions and the administrative penalty and criminal charge crossroads with special regard to Tax Law disputes and Competition Law disputes. Most importantly, the tactics pursuant to cases with corrupt Heads of States will be examined, with reference given to shielding from accountability by means of prosecution.