The principle ne bis in idem has not been violated in the instant case, since the previous judgments rendered in the proceedings in which the subsidiary prosecutors participated as suspects and the convicting judgments against the appellant do not relate to the same person.
• Decision on Admissibility and Merits No. AP 1828/06 of 4 October 2008, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 99/08; criminal proceedings, arbitrariness, neb is in idem, there is no violation of Article 4 of Protocol No.7 to the European Convention
There is a violation of the right under Article 4(1) of Protocol No. 7 to the European Convention in the case where the nature of the offence falls within the ambit of the “criminal procedure” within the meaning of the aforementioned Article, and where such an offence is a subject-matter of both the minor offence proceedings and criminal proceedings conducted against the same person and arising from the identical facts or facts which are substantially the same, so that the decision establishing the liability and imposing the sanction, that had been adopted in one of the proceedings and had already obtained the capacity of res judicata, was not an obstacle for adopting the decision against the same person in other proceedings, which were pending.
• Decision on Admissibility and Merits No. AP 133/09 of 30 May 2012, paragraph 48, published in the Official Gazette of Bosnia and Herzegovina, 38/12; civil proceedings, follows the case-law of the ECHR in the case Maresti v. Croatia; violation of Article 4 of Protocol No. 7 to the European Convention
