Federica Musso

The Italian Court of Cassation and the Interpretation of the "Ne Bis in Idem" Principle in the European Convention on Human Rights

  • Abstract

Informations and abstract

Keywords: Ne bis in idem Principle; Double Sanction (Criminal and Administrative); Art. 4, Protocol No. 7, ECHR; Art. 649, Italian Code of Criminal Procedure; Engel Criteria; Conflict Between the Domestic Law and the ECHR.

The article focuses on the issues that have been considered by the Italian Court of Cassation regarding the antinomy between the domestic law and the European Convention on Human Rights on the "ne bis in idem" principle. Particular attention is paid to the fact that the approach followed by the Court of Cassation to ensure that Italy complies with its international obligations has not been endorsed by the Italian Constitutional Court.

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