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

Abstract

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 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 a restrictive interpretation of the passive personality principle and a broadening of the principle of ne bis in idem.