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

12 Pages Posted: 2 Oct 2013

See all articles by Regula Echle

Regula Echle

University of Basel - Faculty of Law

Date Written: September 26, 2013

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.

Keywords: victim’s right, passive personality principle, ne bis in idem

Suggested Citation

Echle, Regula, The Passive Personality Principle and the General Principle of Ne Bis in Idem (September 26, 2013). Utrecht Law Review, Vol. 9, No. 4, p. 56-67, September 2013. Available at SSRN: https://ssrn.com/abstract=2334636

Regula Echle (Contact Author)

University of Basel - Faculty of Law ( email )

United States

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