Article 50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Key facts of the case:
Request for a preliminary ruling from the Rechtbank Amsterdam.
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for optional non-execution – Article 4(5) – Requested person has been finally judged in a third State in respect of the same acts – Sentence has been served or may no longer be executed under the law of the sentencing country – Implementation – Margin of discretion of the executing judicial authority – Concept of ‘same acts’ – Remission of sentence granted by a non-judicial authority as part of a general leniency measure.
Outcome of the case:
On those grounds, the Court (Fifth Chamber) hereby rules:
50) The executing judicial authority’s lack of discretion when applying the ground for non-execution provided for in Article 3(2) of the Framework Decision follows from the requirement to respect the ne bis in idem principle enshrined in Article 50 of the Charter of Fundamental Rights of the European Union.
51)That principle, as guaranteed in Article 50 of the Charter of Fundamental Rights, means that a person may not be tried in criminal proceedings in a Member State for an offence for which he or she has already been acquitted or convicted ‘within the Union’.