The Spanish Constitution does not expressly recognize the principle “ne bis in idem”. Article 25 refers to “ius puniendi”, but nothing says about the impossibility of punishing doubly the same fact. From the beginning, both Spanish and European jurisprudence have stated the existence of this principle. Although there are previous juridical instruments, the fundamental basis for the exclusion of the double sanction for the same fact is the article 4 of the Protocol 7 to the echr.