Zásada zákazu dvojího trestání v judikatuře Nejvyššího správního soudu
| Title in English | The principle of prohibition of double jeopardy in the case law of the Supreme Administrative Court |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The paper alludes to the issue of double jeopardy in environmental protection. The principle of ne bis in idem, according to which no one can be punished twice for the same act, also applies to administrative punishment. In practice, violations of several component or cross-cutting environmental protection laws are not infrequently committed as a result of illegal conduct. Due to the fragmentation of administrative liability in the individual component and cross-cutting environmental protection laws, joint proceedings are often not conducted as provided for in Section 41 of Act No. 250/2016 Coll., on liability for offences and proceedings thereon. Therefore, it is not an exception that an offender is punished for the same conduct in several administrative proceedings (either simultaneously or consecutively). The paper is devoted to a search of the Supreme Administrative Court's case law dealing with the principle of prohibition of double jeopardy, with a focus on environmental law. The case-law in question reflects situations where, on the basis of an action against a decision of an administrative authority, the perpetrator claims that he has been punished twice for one act, which should have violated the principle of prohibition of double jeopardy. |
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