The Right Not to Be Prosecuted, Judged, or Punished More Than One Time

Abstract

In order to carry out the tasks of the criminal process, a regulation is necessary in accordance with certain ideas and guiding rules of its conduct. This function is fulfilled by the principles of the criminal process, by which the rules of a general nature are understood, manifested by concrete procedural-criminal norms or which derive from the interpretation of a set of such norms; determining the integral construction of the process, as well as the essence and ensuring the achievement of its tasks. One of these principles is the right not to be prosecuted, judged, or punished more than once. The research of the concerned problem is based on the analysis of the jurisprudence of the Republic of Moldova, as well as the jurisprudence of the ECHR. This principle is complex and manifests itself in several characteristic aspects, which have been subjected to detailed research in this article. At the same time, following the analysis of this principle, some legislative and practical problems were highlighted that affect the guarantee of human rights in the criminal process, coming up with proposals for ferenda law and practical recommendations for the criminal investigation body, the prosecutor, and the court of law.