Glossary / Criminal Law

Ne bis in idem

Ne bis in idem protects legal certainty and individual liberty by preventing repeated criminal proceedings or sanctions for the same facts once there has been a final acquittal, conviction, or comparable decision. In Switzerland it is relevant in criminal procedure and in the interaction between criminal and administrative sanctions. The analysis focuses on whether the person, facts, and protected legal interests are sufficiently identical, and whether the earlier decision was final and capable of barring a new proceeding.

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