The Constitutional Court, in collaboration with the National Chamber of Advocates, held a scientific conference focused on one of the most important principles of law, "Ne Bis in Idem," in both national and international contexts, highlighting the challenges encountered in judicial practice.
Minister of Justice, Toni Gogu, stated that a citizen should not be punished again for the same criminal act.
Gogu added that one of the challenges of this principle is judicial interpretation, which, according to him, must follow the developments of this European standard.
"Today, we see that the principle is being transformed under the jurisdiction of two European courts. It is one of the fundamental guarantees of the rule of law; we cannot stop or punish for the same criminal fact. I wanted to focus on two points. On one hand, we have the jurisprudence of Europe, on the other hand, the Luxembourg Court has also begun developing jurisprudence. The biggest challenge is coherence; the European standard is being formed. The second element is territorial scope. On one hand, it is the fundamental right of the citizen not to be prosecuted, but also the legitimacy of countries where the criminal act has caused consequences in both nations, they have the right to protect their public interest. In our national plan, we have two challenges. One challenge is judicial interpretation. Judicial interpretation must follow the developments of this European standard. For us as the Ministry of Justice, legislative approximation is necessary. The role of the Ministry of Justice, I believe, leads us to an essential need related to dialogue," he emphasized.