Analysis: “The Reasonable Foreseeability Of Criminal Proceedings For ...
Analysis: “The reasonable foreseeability of criminal proceedings for tax evasion: Case BV (C-570/20)” by Luigi Lonardo
Luigi Lonardo
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BV v Direction départementale des finances publiques de la Haute-Savoie C-570/20, delivered on 5 May 2022, is the latest addition to the case law on the ne bis in idem principle guaranteed by Article 50 of the EU Charter of Fundamental Rights. According to that provision, no one is to be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the EU in accordance with the law. The judgment was delivered in the context of criminal proceedings opened against an accountant, charged with tax evasion, after he had already been the subject of a tax adjustment procedure in respect of the same acts. The referring court (the Fr
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