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Non bis in idem
Non bis in idem (sometimes rendered non-bis in idem or ne bis in idem), which translates literally from Latin as 'not twice in the same [thing]', is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action. It is a legal concept originating in Roman civil law,[1] but it is essentially the equivalent of the double jeopardy doctrine found in common law jurisdictions, and similar peremptory plea (autrefois acquit/convict, 'previously acquitted/convicted') in some modern civil law countries.
The International Covenant on Civil and Political Rights guarantees the right to be free from double jeopardy; however, it does not apply to prosecutions by two different sovereigns[a] (unless the relevant extradition treaty or other agreement between the countries expresses a prohibition). The Rome Statute of the International Criminal Court employs a modified form of non bis in idem.
- ^ Buckland, W.W. (1963). A Text-book of Roman Law from Augustus to Justinian (3 ed.). Cambridge: Cambridge UP. pp. 695–6.
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