News
The “ne bis in idem” principle does not apply where convictions are about different acts
- 25/09/2017
The application of the “ne bis in idem” principle requires the identity of illegal acts or facts, that is the identity of all their elements.
With Judgment no. 42834 of 19th September 2017, the Italian Court of Cassation has denied any violation of the “ne bis in idem” principle in a case where two convictions for bankruptcy fraud, involving the misappropriation of the same trademark, had taken into account acts that were to be considered different between them.
In the case under scrutiny, a trademark had been fictitiously sold by one company to another company; later on, the same trademark had been transferred by the said two companies, both of them gone bankrupt, to a foreign company.
The Court has excluded that those acts could be considered as one identical conduct, in that the companies gone bankrupt were two and the assets and the bodies of creditors involved were different.
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