Il 'fatto' nella prospettiva di divieto di secondo giudizio

The European Courts case law has taken new steps in developing the non bis in idem principle. This report discusses the rulings which set out the criteria for determining whether or not apparently different transaction result in the same fact within the meaning of Art. 4, 7th Protocol to the European Convention on Human Rights. Such criteria now entail just mere facts, irrespective of the crime's nature of its essential elements and of the interests protected by law. The same standards are adopted in the event a risk of double jeopardy arises between facts at issue in a criminal trial and in administrative proceedings. Italian Courts still continue to rule that there is absolutely no violation of the statutory provision that prohibits to bring twice a prosecution for the same fact against the same individual (Art. 649 C.P.C.). when a sole demenaour result in various offences. Recently the Turin Judge in the preliminary hearing of the Eternit case raised a constitutional challenge of the said provision. It will be interesting to see which could be the consequencs of a ruling from the Constitutional Court accepting the European standards.