Angela Procaccino

Beyond the matière penale. Bis in idem between criminal and disciplinary proceedings

  • Abstract

Informations and abstract

Keywords: criminal procedural law, bis in idem, disciplinary sanctions, disciplinary proceedings.

The purpose of this paper is to search, in a criminal procedural law perspective, for both practical and theoretical solutions to the issues introduced in the Italian legal system by the bis (but also ter and quater) in idem principle in the light of the case law of the European Court of Human Rights and of the Court of Justice of the European Union and, so, to verify the opportunity for strengthening the canon of determination. The analysis touches different sectors of the legal system in which the disciplinary proceeding is intertwined with the criminal process, such as the sports legal order, some liberal professions, the judiciary and, above all, the public employment, with its issues regarding the defining both of the sanctioning source and the perimeter of the idem factum, given that the cognition of the criminal judge intertwines with the one of the public administrations (and of the civil judge), while keeping a very marked autonomy. The work also aims at highlighting the opportunity of simplification and a of a tendential unification process, which could constitute the prerequisite for solutions, on a substantive level, of «absorption» or legal accumulation of sanctions in penal-disciplinary coexistence.

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