The “Ne Bis in Idem” Principle in Serbian Criminal Law: Application, Challenges, and Supranational Influences

Abstract

This article investigates the application of the ne bis in idem principle in Serbian criminal law, with particular focus on its doctrinal interpretation and procedural challenges. While the principle has been widely discussed in international literature, limited attention has been given to its practical implementation across multiple legal proceedings—criminal, misdemeanor, economic, and disciplinary—in the Serbian legal system. This study analyzes how the principle is shaped by both international instruments and domestic constitutional and statutory frameworks. It adopts a doctrinal and case law–based methodology, focusing on the jurisprudence of the European Court of Human Rights (E.Ct.H.R.) and its influence on Serbian judicial reasoning. The findings highlight interpretative inconsistencies in Serbian courts’ application of the Engel criteria, the scope of criminal matters, the idem element, and the prohibition of duplication of proceedings. Special attention is paid to challenges arising from institutional fragmentation and overlapping jurisdictions. Ultimately, the article contributes to the ongoing scholarly discussion by identifying normative and practical gaps and proposing alignment with supranational standards. The results offer insights into Serbia’s capacity to uphold fundamental rights under the ECHR framework, with broader implications for comparative criminal procedure and European human rights law.