The Principle of ne bis in idem in Relation to the Prosecutor's Decision and Some Court Decisions in Criminal Proceedings

Abstract

Is it possible to re-try the same person for the same offense if the criminal proceedings have been suspended by order of the prosecutor for some meritorious reasons and if a plea agreement is concluded between the parties to the criminal proceedings. It is also an interesting issue can we apply principle ne bis in idem in relation to the decision of judge by which all point of the charges are accepted or obtained. An appeal is allowed against the aforementioned court decisions and the same decisions can be finally so it is understandable to apply principle ne bis in idem to a court decision and a plea agreement. Against the prosecutor's order to suspend the investigation is not possible appeal. The prosecutor's order is not subject to judicial review and it is not possible to apply the principle ne bis in idem even the criminal proceedings have been suspended for meritorious reasons.