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7 Teises Apzvalga L. Rev. 5 (2011)

handle is hein.journals/teiapvglr7 and id is 1 raw text is: ISSN 2029-4239 (online) VYTAUTODID IOJ Teises apzvalga i UN IVERSITETAS Law review No. 1 (7), 2011, p. 5-12 UNDERSTANDING AND APPLICATION OF PRINCIPLE NON BIS IN IDEM IN THE EUROPEAN COURT OF HUMAN RIGHTS AND LITHUANIAN JURISPRUDENCE Edita Gruodyte' Vytautas Magnus University Received 18 January 2011 SUMMARY The article covers the scientific and legal analysis of the internationally recognized principle non bis in idem - its meaning and application in cases when in practice two branches of law - administrative and criminal law are applied for one offence. The scientific analysis is based on the research and the newest tendencies in the European Court of Human Rights jurisprudence, the overview of the practice of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania. KEYWORDS Principle non bis in idem, criminal vs. administrative liability. INTRODUCTION Relevance of the topic. The article 4 of a protocol No.7 of the European Convention for Protection of Human Rights and Fundamental Freedoms (hereinafter The European Convention on Human Rights, or the Convention) determines the principle of non bis in idem which is binding on domestic courts and national public authorities. How that principle is explained and understood by the European Court of Human Rights? How that understanding is applied by Lithuanian national courts? How the court needs to act in cases when the first conviction was made because of a mistake or some new essential facts to the case where found later? Which liability - administrative or criminal has priority in the case when the norm in two codes - Criminal and Administrative is not different in its essential features? I Prof. Edita Gruodyt - Department of Public Law, Law Faculty, Vytautas Magnus University. Research interests: Criminal law, transnational crime, EU criminal law, trafficking in human beings, guns and drugs, illegal migration. E-mail e.gruodyte@tf.vdu.lt Edita Gruodyt , Vytauto Didiojo universiteto Teises fakulteto Viegosios teises katedros profesore. Moksliniti tyrimt kryptys: baudiamoji teise, transnacionalinis nusikalstamumas, ES baudiamoji teise, prekyba monemis, ginklais, narkotikais, migracija. El. pagtas: e.gruodyte@tf.vdu.lt

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