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Case C-58/22, Parchetul de pe lângă Curtea de Apel Craiova: Judgment of the Court (First Chamber) of 25 January 2024 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — criminal proceedings against NR (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 50 — Principle ne bis in idem — Criminal proceedings brought in rem — Order that no further action be taken adopted by a public prosecutor’s office — Admissibility of later criminal proceedings brought in personam in respect of the same facts — Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted — Requirement for a detailed investigation — No interview of a potential witness — No interview of the person concerned as a ‘suspect’)

ECLI:EU:UNKNOWN:62022CA0058

62022CA0058

January 25, 2024
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Valentina R., lawyer

Official Journal of the European Union

Series C

C/2024/1820

11.3.2024

(Case C-58/22, (1) Parchetul de pe lângă Curtea de Apel Craiova)

(Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Article 50 - Principle ne bis in idem - Criminal proceedings brought in rem - Order that no further action be taken adopted by a public prosecutor’s office - Admissibility of later criminal proceedings brought in personam in respect of the same facts - Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted - Requirement for a detailed investigation - No interview of a potential witness - No interview of the person concerned as a ‘suspect’)

(C/2024/1820)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: NR

Intervener: Parchetul de pe lângă Curtea de Apel Craiova

Operative part of the judgment

The principle ne bis in idem enshrined in Article 50 of the Charter of Fundamental Rights of the European Union

must be interpreted as meaning that a person may not be regarded as having been finally acquitted, within the meaning of Article 50, as a result of an order that no further action be taken adopted by a public prosecutor in the absence of an examination of the legal situation of that person as criminally liable for the acts constituting the offence prosecuted.

(1) OJ C 213, 30.5.2022.

ELI: http://data.europa.eu/eli/C/2024/1820/oj

ISSN 1977-091X (electronic edition)

* * *

Language of the case: Romanian.

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