
Contents
-
-
-
-
-
-
-
8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
-
-
-
-
-
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
1. Taxonomy 1. Taxonomy
-
2. Rationales 2. Rationales
-
a. Supporting Rationales a. Supporting Rationales
-
b. Conflicting Rationales b. Conflicting Rationales
-
-
3. Historical Origins 3. Historical Origins
-
4. Legal Status 4. Legal Status
-
-
II. Ne Bis in Idem: Structure and Scope II. Ne Bis in Idem: Structure and Scope
-
1. Quid Est “Idem”–What Is the “Same Thing”? 1. Quid Est “Idem”–What Is the “Same Thing”?
-
a. Possible Approaches a. Possible Approaches
-
b. Interrelations with the Structure of Criminal Litigation b. Interrelations with the Structure of Criminal Litigation
-
-
2. Quid Est “Semel”—When Does Jeopardy Attach? 2. Quid Est “Semel”—When Does Jeopardy Attach?
-
3. Quid Est “Bis”—What Is Prohibited? 3. Quid Est “Bis”—What Is Prohibited?
-
4. Exceptions 4. Exceptions
-
-
III. Alternative Approaches/ Functional Equivalents III. Alternative Approaches/ Functional Equivalents
-
References References
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
21 Double Jeopardy and Ne Bis in Idem in Common Law and Civil Law Jurisdictions
Get accessStrafrechtliches Institut der Universität Bonn
-
Published:11 February 2019
Cite
Abstract
This chapter explores the main issues as well as the principal commonalities and differences found in the civil law and common law traditions with regard to the legal doctrine of double jeopardy (ne bis in idem). It begins with an overview of double jeopardy, along with the related concepts of res judicata and lis pendens. It then considers the supporting and conflicting rationales for the prohibition of multiple criminal procedures and the historical origins of the double jeopardy rule. It also discusses the prohibition of double jeopardy as embedded in international human rights law, along with the idem factum approach and the idem crimen approach to addressing the double jeopardy prohibition. The chapter also examines exceptions to res judicata and concludes with an analysis of other legal tools that can effectuate the protection against multiple prosecutions for the same criminal occurrence.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 12 |
November 2022 | 7 |
December 2022 | 7 |
January 2023 | 11 |
February 2023 | 11 |
March 2023 | 12 |
April 2023 | 9 |
May 2023 | 28 |
June 2023 | 11 |
July 2023 | 10 |
August 2023 | 8 |
September 2023 | 12 |
October 2023 | 6 |
November 2023 | 7 |
December 2023 | 5 |
January 2024 | 4 |
February 2024 | 11 |
March 2024 | 28 |
April 2024 | 6 |
May 2024 | 3 |
June 2024 | 9 |
July 2024 | 8 |
August 2024 | 5 |
September 2024 | 6 |
October 2024 | 9 |
November 2024 | 2 |
December 2024 | 4 |
January 2025 | 7 |
March 2025 | 2 |
April 2025 | 2 |
May 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.