Font Size: a A A

The Principle Of The Non Bis In Idem In The Criminal Procedure Of Our Country

Posted on:2009-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZhuFull Text:PDF
GTID:2166360242470201Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of non bis in idem had its origin in "one record did not bring a case to court two times" in the Ancient Rome Law and the modern theory of criminal proceedings has not only as a criminal trial of a basic principle, but also as a right of action that protect the rights of defendants. As an ancient principle of criminal proceedings, it has been inherited and developed in two genealogies of law. In continental legal system, it named "the principle of non bis in Idem"; and in common law system, it named "the principle against double jeopardy". The same point of two kinds of principle lies in protecting the defendant against the second prosecution which based on the same fact. The difference between two kinds of principle is that in continental legal system, the stability of judgment res judicata is more important than the defendant's interesting, however, in common law system, the defendant's interesting is more important.Although there is not a principle of non bis in idem in our country since ancient times, this does not mean that it is not exist in our current law. This article is begun at the confliction of the theory of non bis in idem. Through introducing the principle of origin, and then identify the specific meaning and legal basis. The paper gives comparisons of the principle of the two genealogies of law, then, absorbs parts of the contents that meets our country's actual conditions, in order to reach the purpose that perfect non bis in idem of our country.
Keywords/Search Tags:non bis in idem, prohibit double jeopardy, res judicata, repeat prosecution
PDF Full Text Request
Related items