%0 Journal Article
%T CONSIDERATIONS ABOUT OVERLAPPING CRIMINAL AND ADMINISTRATIVE LIABILITY FOR THE SAME OFFENSE
%A MIRELA GORUNESCU
%J Challenges of the Knowledge Society
%D 2011
%I Nicolae Titulescu University of Bucharest
%X The ne bis in idem principle is one of the fundamental principles of a criminal trial in a state of law. This paper focuses on the question whether a possible overlapping between criminal and administrative liability for the same offense is or not a violation of this principle. Both the national and the European Court of Human Rights jurisprudence were investigated. By reporting to the European case we concluded that such a situation represents a case of bis in idem.
%K criminal liability
%K administrative liability
%K overlapping two kind of legal liability
%K non bis in idem
%K res judicata
%U http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_019.pdf