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

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

Blog Article

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 nail oil 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 Bit guards a restrictive interpretation of the passive personality principle and a broadening of the principle of ne bis in idem.