The principle of ne bis in idem means that no one may be prosecuted or punished twice for the same offence. This important legal principle provides protection against repeated prosecution following a final acquittal or conviction.
What does ne bis in idem entail?
The term literally means 'not twice for the same'. This principle, enshrined in Article 68 of the Criminal Code and Article 4 of Protocol No. 7 to the ECHR, ensures that a person cannot be tried again for an offence for which an irrevocable judgment has already been rendered.
When does ne bis in idem apply?
The principle applies under the following conditions:
- There is a final judgment (acquittal, conviction or discharge from prosecution).
- It concerns exactly the same facts (same time, location and act).
- It concerns the same person as the suspect.
How is 'the same offence' determined?
It revolves around the question of whether the facts are essentially identical. For example, a traffic incident cannot first be prosecuted as a violation and later as a crime if it concerns the same action.
Exceptions to the principle
Ne bis in idem does not apply in these cases:
- Revision of a case to the detriment of the suspect in the event of proven fraud in the original proceedings.
- If new, unknown facts are discovered later.
- When the previous case did not involve formal prosecution.
Penalty order and ne bis in idem
A penalty order from the Public Prosecution Service also activates this principle. After acceptance of the order, the offence cannot be prosecuted again, unless objection is lodged.
Cross-border application
Within the EU, ne bis in idem also applies across national borders, in accordance with the Schengen Agreement. An acquittal in, for example, France means that prosecution for the same offence in the Netherlands is not possible.
Frequently Asked Questions about Ne Bis in Idem
Can I be prosecuted again after an acquittal?
No, in the case of an irrevocable acquittal, ne bis in idem applies, which prevents re-prosecution for the same offence. This also applies after a conviction or dismissal. Exceptions are rare, such as fraud in the first case or new, crucial information.
What if I have received a penalty order?
A penalty order has the same status as a judicial decision. As long as you do not lodge an objection, it is final and you cannot be prosecuted again for the same offence.
Does this principle also apply after a foreign acquittal?
Yes, within the EU, the Schengen Agreement prevents you from being prosecuted in the Netherlands for an offence for which you have already been acquitted or convicted in another EU country. Outside the EU, this depends on local legislation.
What exactly does 'the same offence' mean?
It concerns identical conduct at the same time and place. A similar offence is not sufficient; it must be exactly the same, such as a traffic accident that cannot be prosecuted twice.
Can a case be reopened with new evidence?
In principle, no, unless there was fraud in the original case or new facts come to light that were previously unknown. This may lead to revision of the case.
Relevant institutions in Leiden: For legal questions about ne bis in idem, you can go to the Juridisch Loket Leiden (Stationsweg 46). Cases are often handled at the District Court of The Hague, Leiden location.