Commentary on the Judgment of the Court of Justice of the European Union of 29 June 2016, case C-486/14, Criminal proceedings against Piotr Kossowski
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th e principle of ne bis in idem laid down in Article 54 of the Convention Implementing the Schengen Agreement read in the light of Article 50 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that a decision of the public prosecutor terminating criminal proceedings and fi nally closing the investigation procedure against a person, albeit with the possibility of its being reopened or annulled, without any penalties having been imposed, cannot be characterised as a fi nal decision for the purposes of those articles when it is clear from the statement of reasons for that decision that the procedure was closed without a detailed investigation having been carried out; in that regard, the fact that neither the victim nor a potential witness was interviewed is an indication that no such investigation took place.
Authors and Affiliations
Andrzej Sakowicz
Keywords
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- EP ID EP337670
- DOI 10.15290/bsp.2017.22.01.11
- Views 30
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