Hotărârea Curţii Europene a Drepturilor Omului în cauza Mihalache împotriva României

Abstract

The right not to be subjected to a trial and punished twice (“bis”) for the same act (“idem”) distinguishes itself within the framework of prerogatives established by means of the European Convention for the Protection of Human Rights and Fundamental Freedoms through its absolute, non-derogatory character and through its legal purpose – respectively that to obtain and maintain the security of legal relations. In the case Mihalache vs. Romania the theoretical requirements derived from the content of article 4, and Additional Protocol no. 7 to the European Convention on Human Rights are critically assessed. Aspects such as: the correct way to evaluate the definitive character of the solutions advanced by the prosecutors of a particular case; the applicability of the principle of hierarchical subordination to the activity of the Public Ministry; balancing the report between the prosecutor's right of disposal by reference to a pending case and the intervention of the hierarchical superior prosecutor with regard to a solution that is already pronounced; - represent the essential elements that have been analyzed in the studied case.

Keywords

• dual proceedings
• final conviction
• legal remedies
• juridical security