![]() ![]() In those member states, national rules governing double jeopardy may or may not comply with the provision cited above. 7 to the convention, Article 4, protects against double jeopardy: "No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he or she has already been finally acquitted or convicted in accordance with the law and penal procedure of that State." Īll EU states ratified this optional protocol except for Germany, the United Kingdom, and the Netherlands. ( June 2008)Īll members of the Council of Europe (which includes nearly all European countries and every member of the European Union) have adopted the European Convention on Human Rights. The 72 signatories and 166 parties to the International Covenant on Civil and Political Rights recognise, under Article 14 (7): "No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country." However, it does not apply to prosecutions by two different sovereigns (unless the relevant extradition treaty expresses a prohibition).Įuropean Convention on Human Rights International Covenant on Civil and Political Rights 54 Schengen Convention), and in various extradition treaties between two countries. It does not apply between different countries, unless having been contractually agreed on between those countries as, for example, in the European Union (Art. ĭouble jeopardy is not a principle of international law. In common law countries, a defendant may enter a peremptory plea of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'), with the same effect. In other countries, the protection is afforded by statute. In some countries, including Canada, Mexico, and the United States, the guarantee against being "twice put in jeopardy" is a constitutional right. Part of English law for over 800 years, it was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003 where, following demand for change, serious offences may be re-tried following an acquittal if new and compelling evidence is found, and if the trial is found to be in the public's interest. In Scotland a new trial can be initiated if, for example, the acquitted has made a credible admission of guilt. In some countries certain exemptions are permitted. If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated if it is, the projected trial will be prevented from proceeding. 4.13.3 Multiple punishment, including prosecution after conviction.2 International Covenant on Civil and Political Rights.
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