Please login first
Analysis of the ne bis in idem principle in a court ruling
1  University of Basque Country (UPV/EHU), Leioa, 48940, Biscay, Spain


The ne bis in idem principle establishes the impossibility of trying twice a person for the same criminal acts. In this short communication, we analyse the doctrine of the Spain Supreme Court, appreciating a conflict between the previous dualist system and the present vicarial system regarding this matter. The purpose of this study is to determine if the Spanish Supreme Court´s ruling nº 1332/2002 of the, 2nd courtroom (Criminal Chamber), 15th of July 2002, broke the ne bis in idem principle. Secondly, we define what this principle means by analysing the sentence. Finally, we made a critical commentary of the assessments of the Court.

Keywords: ne bis in idem principle, vicarial system, dualist system, punishment, security measure.