La litispendenza e il divieto di doppia decisione

The examination of the argument lis pendens may offer a key to understand the foundation of ne bis in idem. According to the thesis of the paper, the legal basis of the prohibition of double jeopardy dates back to the prohibition of double decision, reconstructed through the rules related to different institutes of Criminal Procedure Code. The prohibition to reiterate the prosecution on the same subject is clearly deduced from remedies offered by legal system to solve contrast among irrevocable decisions. From the general criminal system, it is also possible to get a wider ban on the same object, which corroborates the existence of a general prohibition of double proceedings, even if incidental. In light of this foreclosure, it appears problematic the interpretation of the case law on precautionary lis pendens. From a different point of view, there are some operating limits of ne bis in idem, in general, and of lis pendens, in particular, in those sectors which are interested by double sanctions: administrative and criminal