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The Passive Personality Principle and the General Principle of Ne Bis In Idem

Author:

Regula Echle

University of Basel, CH
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Abstract

This paper demonstrates the interest which a victim of a transnational crime may have in moving proceedings across the border. It also considers the means with which this can be done. By virtue of the passive personality principle, a Swiss victim can move proceedings back to Switzerland for a civil claim which would not otherwise have a forum in Switzerland. Further, it is suggested that there is a conflict between the passive personality principle and the prohibition of double jeopardy. This paper argues for a restrictive interpretation of the passive personality principle  and a broadening of the principle of ne bis in idem.
DOI: http://doi.org/10.18352/ulr.242
How to Cite: Echle, R., (2013). The Passive Personality Principle and the General Principle of Ne Bis In Idem. Utrecht Law Review. 9(4), pp.56–67. DOI: http://doi.org/10.18352/ulr.242
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Published on 26 Sep 2013.
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