The principle of ne bis in idem in criminal proceedings

With the continued expansion of the European Union and the free movement of persons, there is potential for increased cross-border crime and the associated difficulties with concurrent prosecutorial jurisdictions for the same criminal offence. This dilemma may result in diplomatic resourcefulness through interstate relations and for the criminal justice professional (and academic alike) there is the increased likelihood for violations of the principle of ne bis in idem in criminal proceedings. This is particularly so in the absence of an international legal instrument for jurisdictional claims by more than one state (multiple or concurrent) pertaining to the prosecution of transnational crimes.1