Jesus Pinhal v. Portugal
Need for fair balance between combating crime and right not to be tried twice for the same offence: Court finds no violation in case where applicant prosecuted in several sets of proceedings.
In the case of Jesus Pinhal v. Portugal the Court held that there had been no violation of the right not to be tried or punished twice.
The case concerned the right not to be tried or punished twice and known as the “ne bis in idem” principle.
The applicant had been a member and Vice-Chairman of the Banco Comercial Português bank (“the BCP”). Following a complaint, the Lisbon public prosecutor’s office, the Securities Market Commission (CMVM) and the Portuguese central bank (BdP) initiated proceedings against him for various criminal and administrative offences. Before the Court, the applicant argued that he had been tried three times for the same acts. The Court used this occasion to clarify the criteria to be applied in striking a fair balance between ensuring that all forms of crime were punished effectively and respect for the fundamental right not to be tried twice for the same acts.