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Part Three The Specific Rights of the Defence, Ch.16 The Protection Against Double Jeopardy

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Subject(s):
Right to fair trial — Res judicata — Terrorism — Terrorism, financing

The guarantee of protection against double jeopardy in criminal proceedings is rather complex. This chapter compares the texts of the different normative instruments and discusses the development of the guarantee as a human right. The aim and purpose of the right, its relationship with Article 6 section 1 of the European Convention on Human Rights (ECHR), the scope of its application, and the exceptions to the principle are examined. The protection against double jeopardy as an element of the right to a fair trial is considered, along with the territorial application of the guarantee, the scope of application ratione materiae, the first and second trials, and identical criminal offences.

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