Ne bis in idem
Not twice in the same matter.
Ne bis in idem is the legal principle that prohibits a person from being prosecuted or punished twice for the same offence.
The principle of ne bis in idem, literally ‘not twice in the same matter’, precludes double prosecution or punishment for the same criminal offence. It safeguards legal certainty and prevents the authorities from pursuing proceedings indefinitely.
In Dutch criminal law, the principle is enshrined in Article 68 of the Criminal Code and finds further basis in Article 6 of the ECHR. It applies both within a single legal order and where national and international prosecutions overlap.
In practice, ne bis in idem is frequently invoked in cases involving concurrent criminal and administrative sanctions or prior foreign convictions, in order to bar repeated proceedings.
“Counsel successfully argued that ne bis in idem barred a fresh prosecution, the accused having already been finally acquitted.”
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