Treaties, States Parties and Commentaries
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Commentary of 1960 
ARTICLE 86. -- "NON BIS IN IDEM"


This is merely a repetition of Article 52, paragraph 3 , of the 1929 Convention.
It embodies a well-known legal principle and its inclusion was approved "unanimously without comment" in order to prevent any recurrence of certain abuses committed during the Second World War in penal matters (1).


* (1) [(1) p.427] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, pp. 326 and
501. During the discussion in the Sub-Committee on penal
and disciplinary sanctions, the addition of the following
paragraph was proposed:
"The punishment inflicted at the first trial shall
not be increased as the result of an appeal or a similar
procedure."
This proposal was not adopted. See ' Final Record, '
Vol. II-A, p. 501; Vol. III, p. 79;