The principle of ne bis in idem means that a person may not 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'. According to Article 68 of the Criminal Code and Article 4 of Protocol No. 7 to the ECHR, no one may be tried again for an offence for which a final judgment has already been rendered.
When does this principle apply?
The ne bis in idem principle applies under the following conditions:
- There is a final judgment (acquittal, conviction, or discharge from prosecution).
- It concerns exactly the same facts (the same event, time, and place).
- It involves the same person as the suspect.
How is 'the same offence' defined?
It revolves around the core of the case: the facts must be essentially identical. For example, a traffic incident cannot first be prosecuted as a violation and later as a crime if it involves the same act.
Exceptions to the principle
There are situations in which ne bis in idem does not apply:
- Revision of a case to the detriment of the suspect, for example, in the event of proven fraud in the first procedure.
- Discovery of new, crucial facts that were previously unknown.
- If the previous procedure did not constitute formal prosecution.
Penalty order and ne bis in idem
If the Public Prosecution Service imposes a penalty order, the ne bis in idem principle also applies here. The offence cannot be prosecuted again, unless objection is lodged against the order.
Cross-border application
Within the EU, ne bis in idem is also recognised internationally via the Schengen Agreement. An acquittal or conviction in another EU country, such as France, prevents prosecution for the same offence in the Netherlands.
Frequently asked questions about ne bis in idem
Can I be prosecuted again after an acquittal?
No, in the case of a final acquittal, ne bis in idem protects you against repeated prosecution for the same offence. This also applies after a conviction or dismissal. Exceptions are possible in cases of fraud in the procedure or new, essential evidence.
What if I have received a penalty order?
A penalty order from the Public Prosecution Service is equivalent to a judicial decision. You cannot be prosecuted again for the same offence, unless you lodge an objection. Without objection, the order is final.
Does this principle also apply after an acquittal abroad?
Yes, within the EU, the Schengen Agreement prevents you from being prosecuted in the Netherlands for an offence for which you have been acquitted or convicted in another EU country. Outside the EU, this depends on international agreements.
What exactly does 'the same offence' mean?
It concerns the same act, at the same time and place. Facts that are merely similar do not fall under this. An acquittal for a violation precludes later prosecution of the same as a crime.
Can a case be reopened with new evidence?
In principle, no, but in exceptional cases such as fraud in the original case or newly discovered facts, revision may take place. However, this is rare and subject to strict rules.
For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. For cases coming before the court, Zoetermeer falls under the District Court of The Hague.