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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