Приклади вживання Bis in idem Англійська мовою та їх переклад на Українською
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According to the principle Non bis in idem.
The“ne bis in idem” principle is known since ancient times.
According to the principle Non bis in idem.
The principle of ne bis in idem could not prevent this.
Would be contrary to the principle of ne bis in idem.
The non bis in idem rule cannot be applied in the present case.
The ECHR practice on application of the ne bis in idem principle.
Secondly, the principle of non bis in idem(no one can be tried or punished twice for the same act) was violated.
Fthe requested Party considers that compliance with the action soughtwould be contrary to the principle of"ne bis in idem"; or.
Therefore, the principle of ne bis in idem does not apply in this context.
The requested Party considers that compliance with the action soughtwould be contrary to the principle of ne bis in idem; or.
Compliance with the request is incompatible with the principle"non bis in idem"("there shall not be two punishments for the same offence");
Article 9: Non bis in idem No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court.
The provisions of paragraphs 2 and 3 shall not prevent the application of widerdomestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgments.".
The doctrines of res judicata, legal certainty, ne bis in idem(in criminal procedure), for example, and ultimately the principle of the rule of law.
However, Criminal penalties for violations of such national rules andadministrative sanctions should not lead to a breach of the principle ne bis in idem, as interpreted by the Court.
Article 9(1) of the 2002 Statute of the Special Court for Sierra Leone, entitled“Non bis in idem”, provides:“No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court.”.
However, Criminal penalties for violations of such national rules andadministrative sanctions should not lead to a breach of the principle ne bis in idem, as interpreted by the Court.
In this review, we have analyzed the practice of the European Court of Human Rights(hereinafter-“theECHR” or“the Court”) on the application of the ne bis in idem principle in tax disputes, that is inability of bringing to responsibility twice for the same offense.
In transposing this Directive, Member States should ensure that the imposition of administrative sanctions and measures in accordance with this Directive, and of criminal sanctions in accordance with national law,does not breach the principle of ne bis in idem. .
Furthermore, any Contracting State where the act was committed or considered as such according to the law of that State shall notbe obliged to recognise the effect of ne bis in idem unless that State has itself requested the proceedings.
This being said, as regardscases finally decided domestically prior to June 2018 like the present case, it remains open to the respondent Government to make appropriate use of the available legal avenues which might yield the result mentioned above, namely where it was a conviction under Article 19.3§1 of the CAO that gave rise to the ne bis in idem issue.
Furthermore, a Party in whose territory the act was committed or considered to have been committed under the law of that Party shallnot be obliged to recognise the ne bis in idem rule unless that Party has itself requested the proceedings.
The Court reiterates that the legal characterisation of the procedure under national law cannot be the solecriterion of relevance for the applicability of the principle of ne bis in idem under Article 4§ 1 of Protocol No. 7.
(3) However, the imposition of criminal penalties for infringements of such national rules and of administrative penalties shouldnot lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice.
However, the imposition of criminal penalties for infringements of such national rules and of administrative penalties shouldnot lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice.
The ECHR has considered several cases against Finland5 and Sweden6 concerning the lawfulness of simultaneous application of tax surcharges with penalties under the tax legislation as well as application of sanctions under the criminal legislation andthe alleged violation of the ne bis in idem principle- inability of bringing to responsibility twice for the same offense, envisaged by Article 4 of Protocol No.7.
In cases when such proceedings are not discontinued, the ECHR detects violation of the ne bis idem principle.