Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.
The ‘non bis in idem’ rule applies in Union law. The rule prohibiting cumulation refers to cumulation of two penalties of the same kind, that is to say criminal-law penalties.
In accordance with Article 50, the ‘non bis in idem’ rule applies not only within the jurisdiction of one State but also between the jurisdictions of several Member States. That corresponds to the acquis in Union law; see Articles 54 to 58 of the Schengen Convention and the judgment of the Court of Justice of 11 February 2003, C-187/01 Gözütok [2003] ECR I-1345, Article 7 of the Convention on the Protection of the European Communities' Financial Interests and Article 10 of the Convention on the fight against corruption. The very limited exceptions in those Conventions permitting the Member States to derogate from the ‘non bis in idem’ rule are covered by the horizontal clause in Article 52(1) of the Charter concerning limitations. As regards the situations referred to by Article 4 of Protocol No 7, namely the application of the principle within the same Member State, the guaranteed right has the same meaning and the same scope as the corresponding right in the ECHR.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
Åklagaren v. Hans Åkerberg Fransson
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