Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/23/2023

Subject: According to the Court, Article 55(1)(b) of the Convention implementing the Schengen Agreement, read in conjunction with Article 50 and Article 52(1) of the Charter of Fundamental Rights of the European Union, does not preclude the courts of a Member State from interpreting the declaration made by that Member State under Article 55(1) of that convention as meaning that, so far as concerns the offence of forming a criminal organisation, that Member State is not bound by the provisions of Article 54 of that convention where the criminal organisation in which the person prosecuted participated has engaged exclusively in financial crime, in so far as the prosecution of that person is, in the light of the actions of that organisation, intended to punish harm to the security or other equally essential interests of that Member State

Parties: Generalstaatsanwaltschaft Bamberg (Exception au principe ne bis in idem)

Classification: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

Text