The rule of double jeopardy means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.
This principle is founded upon the law of person, justice and conscience. It is embodied in the maxim of the civil law non bis in idem, in the common law of England, and undoubtedly in every system of jurisprudence, and instead of having specific origin it simply always existed. It found expression in the Spanish law and in the Constitution of United States, and is now embodied in our Constitution as one of the fundamental rights of a citizen. Melo vs People 85 Phil 768.
No comments:
Post a Comment