"ARTICLE 50 CHARTER" [2018] ELECD 34; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 875

Book Title: European Competition Law

Editor(s): VerLoren van Themaat, Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 27

Section Title: ARTICLE 50 CHARTER

Number of pages: 7

Extract:

27 ARTICLE 50 CHARTER* RIGHT NOT TO BE TRIED OR PUNISHED TWICE IN CRIMINAL PROCEEDINGS FOR THE SAME CRIMINAL OFFENCE No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.
ARTICLE 4 PROTOCOL 7 ECHR 1. No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State. The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and the penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case. No derogation from this Article shall be made under Article 15 of the Convention.
2.
3.
OVERVIEW
A. EXPLANATION RELATING TO ARTICLE 50 CHARTER B. PRINCIPLE C. CRIMINAL PROCEEDINGS
D. SAME OFFENCE (p.876) 27.01 27.03 E. FINAL ACQUITTAL OR CONVICTION IN THE FIRST PROCEEDINGS F. TRIED OR PUNISHED AGAIN
27.06
27.07 27.09
*
This chapter was written by Herman Speyart.
875
Chapter 27 ARTICLE 50 CHARTER
A. EXPLANATION RELATING TO ARTICLE 50 CHARTER Article 4 of Protocol No 7 to ...