Roman sources of ne bis in idem principle
DOI:
https://doi.org/10.15584/znurprawo.2018.22.8Keywords:
ne bis in idem, principle of the criminal process, legal validity, the condition of the criminal proceedingsAbstract
The subject of the article is the ne bis in idem principle, mainly in the historical and comparative perspective. The ne bis in idem principle is presented in the Roman period and its formation in later centuries. The meaning and conceptual scope of this principle is clarified, both in continental law and in Anglo-Saxon law. Under the Polish law this principle is presented in the codes of criminal proceedings of 1928, 1969 and 1997. The changes which were subject to the Polish penal codes are discussed. The present form of the ne bis in idem principle allows to treat this principle as this principle the Polish criminal process.