Autor: Florin-Vasile Dăianu
Publicat în: Revista Pro Lege nr. 1/2021
Disponibil online: aici
Cuvinte-cheie: Curțile Europene, ne bis in idem, ordonanțele procurorului, epuizat, dispute doctrinale.
The res judicata authority of the ordinances by which the criminal proceedings are extinguished
Abstract: The topic above has sparked controversy for more than a century and still arouses the vivid interest of law experts. This paper aims to convey both a liberal, modern perspective upon it and a classical approach. By means of mirroring the legal doctrine established in the first half of the 20th century and the contemporary doctrine, by putting together the two major European courts, I managed to prove that these two approaches are not significantly different, that they actually converge around a common theme, and, furthermore, that the interwar version of the ”ne bis in idem” principle should be the ground of fairly judging the cases that involve a profound understanding of the res judicata of the prosecutor’s ordinances by which the law suit is extinguished. Without aiming an exhaustive analysis, this paper succeeds to evince the trials and tribulations that led to a divergent case-law but also to ardent doctrinal disputes.
Keywords: European courts, ne bis in idem, prosecutor’s ordinances, extinguished, doctrinal disputes.
