The «excessive burden» as the only limit to double prosecution

El «exceso punitivo» como único límite al bis in ídem

Abstract

Analysis of the case-law of the Spanish Constitutional Court, the European Court of Human Rights and the European Court of Justice reveals that, within the framework of administrative penalty procedures and criminal proceedings, the only limit to the duplication of penalties and proceedings is the «excessive burden». This means that today both the duplication of administrative and criminal penalties, and the
duplication of administrative and criminal proceedings are accepted, as long as the total punishment imposed is proportionate to the seriousness of the offence committed.