The principle of ne bis in idem stands for the prohibition on prosecuting or punishing someone multiple times for the same offense. This important legal principle provides protection against repeated legal proceedings after a final judgment, such as an acquittal or conviction.
Meaning of ne bis in idem
The term literally means 'not twice for the same'. This principle, enshrined in article 68 of the Dutch Criminal Code and article 4 of Protocol 7 to the ECHR, ensures that a person cannot be tried again for a case that has already been irrevocably concluded.
When is this principle applicable?
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 exactly the same event (same time, location, and act).
- It involves the same person as the suspect.
What is meant by 'the same event'?
It concerns the core of the facts: if the events are essentially identical, the principle applies. For example, a traffic incident cannot first be prosecuted as an administrative offense and later as a crime if it involves the same action.
Exceptions to the principle
In some cases, ne bis in idem does not apply, such as:
- Revision of a case upon discovery of fraud in the original proceedings.
- The emergence of new, crucial information that was previously unknown.
- If the previous proceedings did not constitute formal prosecution.
Penalty order and ne bis in idem
A penalty order issued by the Public Prosecution Service also triggers this principle. After acceptance of the order, the case cannot be reopened, unless an objection is filed.
Cross-border application
Within the European Union, ne bis in idem also applies across borders, thanks to the Schengen Agreement. An acquittal in, for example, Belgium means that you cannot be prosecuted again in the Netherlands for the same case.
Local information in Utrecht
For legal questions or assistance in Utrecht, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. In addition, the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases where this principle may play a role.
Frequently asked questions about ne bis in idem
Can I be prosecuted again after an acquittal?
No, in the case of an irrevocable acquittal, ne bis in idem protects you against further prosecution for the same case. This also applies after a conviction or dismissal by the Public Prosecution Service. Exceptions are rare, such as in cases of fraud in the previous proceedings or new evidence.
What if I have received a penalty order?
A penalty order has the same status as a judicial decision. As long as you do not file an objection, you are protected against further prosecution for the same offense.
Does this principle also apply after a foreign judgment?
Yes, within the EU, the Schengen Agreement prevents you from being prosecuted in another EU country after a final judgment elsewhere. Outside the EU, this depends on local legislation.
How is 'the same event' determined?
It must concern identical facts: the same act, time, and place. A small deviation can already lead to a different assessment, unless the core remains the same.
What if new evidence is found?
Normally, the principle still applies, but in cases of fraud in the original proceedings or entirely new facts, a case can sometimes be reopened.