Icelandic court dismisses case against cardiologist citing double jeopardy

The Reykjavík District Court dismissed charges against cardiologist Skúli Tómas Gunnlaugsson today, invoking the ne bis in idem principle enshrined in Article 4 of the European Convention on Human Rights. This legal tenet forbids punishing an individual twice or subjecting them to a second trial for the same offense.

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The ruling must be examined in accordance with three conditions.

Hafsteinn Dan Kristjánsson, a professor at the University of Reykjavík's Faculty of Law, elaborated on the criteria for applying this principle. He stated that three conditions must be carefully examined: first, whether both proceedings constitute punishment under the European Convention on Human Rights; second, if the cases genuinely involve the same offense and factual circumstances; and third, if the second proceeding is a new process not sufficiently connected to the first.

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Do both cases involve punishment within the meaning of the European Convention on Human Rights?

The court's ruling, which has not yet been published, is expected to argue that the National Doctor's Office's 2021 decision to revoke Gunnlaugsson's medical license constitutes a punishment under the convention. Professor Kristjánsson noted that these conditions are based on the "Engel criteria," derived from a landmark ruling by the European Court of Human Rights. These criteria assess whether a sanction is punitive, considering its classification in domestic law, the nature of the offense, and the severity of the penalty.

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Are the same offenses, i.e., the facts of the case, being processed in both cases?