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"ARTICLE 50 CHARTER" [2014] ELECD 903; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 815

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

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 proceed-
ings 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.
2. The provisions of the preceding paragraph shall not prevent the re-
opening 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 proceed-
ings, which could affect the outcome of the case.
3. No derogation from this Article shall be made under Article 15 of the
Convention.


OVERVIEW

A. EXPLANATION RELATING TO D. SAME OFFENCE 27.06
ARTICLE 50 CHARTER (p.816)
E. FINAL ACQUITTAL OR CONVICTION
B. PRINCIPLE 27.01 IN THE FIRST PROCEEDINGS 27.07

C. CRIMINAL PROCEEDINGS 27.03 F. TRIED OR PUNISHED AGAIN 27.09




* This chapter was written by Herman Speyart.




815
 Chapter 27 ARTICLE 50 CHARTER


A. EXPLANATION RELATING TO ARTICLE 50 CHARTER

Article 4 of Protocol ...