Case-Law by the Court of Justice of the European Union on the principle of ne bis in idem in criminal matters 2024

Nevertheless, the CJEU has underlined that the guaranteed right of the Charter has the same meaning and the same scope as the corresponding right in the ECHR (Åkerberg Fransson, M.) and that it is necessary to ensure that the interpretation of Article 50 of the Charter does not disregard the level of protection guaranteed by the ECHR in so far as Article 50 of the Charter contains a right correspo. [...] The suspects therefore then applied to the Austrian Supreme Court on the basis of Para 363(a) of the Code of Criminal Procedure for a rehearing of the criminal proceedings on the grounds that the mutual legal assistance requests infringed the principle of ne bis in idem under Article 4P7 ECHR, Article 50 of the Charter and Article 54 of the CISA. [...] Article 54 of the CISA applies, provided that the CISA was in force in the Contracting States in question at the time of the assessment of the conditions of the ne bis in idem principle by the court before which the second proceedings were brought. [...] The first criterion is the legal classification of the offence under national law; the second is the intrinsic nature of the offence; and the third is the degree of severity of the penalty that the person concerned is liable to incur (para 27). [...] The first criterion is the legal classification of the offence under national law; the second is the intrinsic nature of the offence; and the third is the degree of severity of the penalty that the person concerned is liable to incur (para 28).