Landmark Ruling In AML/CFT: Criminal Proceedings Declared Inadmissible Following CSSF Sanction

In a ruling handed down on 26 February 2025, the Court of Appeal in chambers declared inadmissible the criminal proceedings brought against a financial institution on the grounds that an administrative sanction had previously been imposed on it by the Commission de Surveillance du Secteur Financier (CSSF). The decisive factor in this case was the principle of non bis in idem.

Defining a violation of the non bis in idem principle

The non bis in idem principle is a fundamental legal principle that is enshrined at both European and national level. It prohibits the prosecution of a person for an act for which it has already been prosecuted and tried.

A double sanction constitutes a violation of the non bis in idem principle when: