The legislator and the ne bis in idem principle

Abstract

This paper analyses the field of application of the ne bis in idem principle in legislative activity. After asserting its constitutional recognition, it is established that this principle does not exclude the possibility for one action to be typified and associated with a sanction in more than one rule. Once a superposition of sanctioning norms is recognized as legitimate, this article examines whether this principle has any repercussion in the treatment of the hypothesis of ideal concurrence of crimes and apparent concurrency of criminal laws. After verifying that restricting the scope of application of the ne bis in idem only to judicial action will make this principle disappear, it is argued that the legislator is also bound, to some extent, by the ne bis in idem when establishing criminal or administrative sanctions.