"I have been nearly mad; and you know the axiom, -- non bis in idem
. It is an axiom of criminal law, and, consequently, you understand its full application."
Alors, si l'on tient compte de ce fameux principe du [beaucoup moins que] Non bis in idem
[beaucoup plus grand que], Sarkozy devrait-il encore passer devant le juge ?
ON APPEAL FROM FINES IMPOSED FOR ENGAGING IN WORLDWIDE CARTEL IN GRAPHITE ELECTRODES IN VIOLATION OF EC COMPETITION LAWS, EUROPEAN COURT OF JUSTICE HOLDS, INTER ALIA, THAT PRINCIPLE OF NON BIS IN IDEM DOES NOT REQUIRE EC TRIBUNALS TO FACTOR INTO THEIR FINES THOSE IMPOSED BY NON-MEMBER STATES FOR SAME ANTICOMPETITIVE CONDUCT WITHIN THEIR TERRITORIES
Appellant also relied on the time-honored principle of non bis in idem.
The Court found that 'as clarified at the hearing, the appellants submit that there has been a breach of a corollary of the principle of non bis in idem
in that the Court of First Instance held in paragraphs 85 to 104 of the judgment under appeal that the Commission was not required to compensate for or take account of the fines paid to other authorities which sanctioned the same conduct'.
In the international realm, the prohibition against multiple prosecutions for the same offense is cited as the maxim non bis in idem.
courts cite in choosing not to recognize non bis in idem as a binding principle of international law, but rather as a protection that may be provided only by treaty in cases of extradition.