Plenary decision concerning ne bis in idem (freedom from double jeopardy)

3 May 2002. Plenary decision concerning ne bis in idem (freedom from double jeopardy)

The case concerned whether a criminal case for a fiscal offence shall be dismissed in circumstances where the accused has already been imposed an increased (60%) surcharge for the same act, cf. Article 4(1), Seventh Protocol of the European Convention on Human Rights concerning the right not to be tried twice for the same offence. Case history: Asker and Bærum District Court no. 00-02654 M - Borgarting Court of Appeal LB-2001-03053 M/04 - Supreme Court HR-2001-01527, criminal interlocutory appeal.