Non bis in idem material y doctrina constitucional. Especial referencia a la STC 2/2023 de 6 de febrero

Abstract

STC 2/2023 of 6 February, upheld an appeal for amparo for violation of the non bis idem principle. The factual background refers to the conduct of a minor who was caught travelling without a ticket on two different occasions on the Alicante metropolitan tramway. Both in the first instance ruling and in the Provincial Court ruling, it was considered that the non bis idem principle had not been violated. The subsequent ruling of the Constitutional Court deserves our extremely critical consideration due to four key aspects, namely, the omission of any consideration of the nature of the measure imposed on the minor by the court, the constitutionalisation of the discount technique, the absence requirement of compensation criteria between sanctions of different nature and the absence of any reasoning explaining why it was not retroactive