Employees of the Department of Criminal Cases explain the application of the principle of inadmissibility of double punishment
13 April, 2021
In the April 13 issue of the magazine “Jurista Vārds” (Lawyer’s Word), the publications of the employees of the Department of Criminal Cases of the Senate address the issue of assessing the violation of the ne bis in idem principle included in the decision of the Department of Criminal Cases SKK-2/2021 of January 28.
In the article “Inadmissibility of Double Punishment: Theory and Court Practice”, Legal Research Counsel Nora Zvejniece and Senator's Assistant Laura Smukule provide an insight into the legal framework of the principle of inadmissibility of double punishment (ne bis in idem) in Latvia, as well as into the development of this framework in the context of international human rights law and in the general sense of the principle for its reasonable application in court practice, the authors also consider the decisions of the Department of Criminal Cases of the Senate, where the possible violation of the principle of inadmissibility of double punishment is analysed.
See the article here: https://juristavards.lv/doc/278648-dubultas-sodisanas-nepielaujamiba-teorija-un-tiesu-prakse/ (in Latvian)
In turn, Legal Research Counsel Oskars Kulmanis concentrates on certain aspects of the principle of prohibition of double punishment in the article “Interrelated processes within the scope of the ne bis in idem principle”. By examining the findings of the Constitutional Court and the European Court of Human Rights, the significance of the principle of prohibition of double punishment in ensuring the right to a fair trial is revealed, as well as the content and consequences of principle’s bis element or duplication of proceedings.
See the article here: https://juristavards.lv/doc/278649-savstarpeji-saistiti-procesi-ne-bis-in-idem-principa-tveruma/ (in Latvian)
Anita Polakova, Chair of the Department of Criminal Cases of the Senate, points out that the aim of the Department is to look at the application of Senate’s findings as a solution of a topical legal issue; such findings are discovered during the process of Senate’s decision-making, but are not reflected in a specific decision. When updating these findings on the respective legal issue, attention is also paid to the findings of the Senate, especially the latest ones, thus making them more understandable.
This is not the first implementation of this type of operating model in the Department of Criminal Cases; last year it was successfully done regarding the matter of Compulsory Civil Liability Insurance (MTPL) and the determination of damage compensation in criminal proceedings.
The Department shall continue this practice, thus ensuring more stable case law and more intensive application of Senate’s findings in court rulings.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: firstname.lastname@example.org, telephone: +371 67020396, +371 28652211