Criminal Bis In Idem Principle Study

No one shall be prosecuted more than once for the same offence if he/she has been prosecuted by the state except that there are some exceptions in the law. This is the basic meaning of non bis in idem.Non bis in idem principle has a long history and substantial content. This principle is not only contained in constitutional documents and/or criminal procedure law of foreign countries, but also accepted by international covenants and becomes one of the international standards in criminal justice.Non bis in idem is a rational principle, being in conformity to the laws of criminal justice. The principle is favorable to many values as keeping the finality of court decisions, guarding the sanctity of the laws and the authority of criminal justice, embodying procedural justice and restricting the prosecutorial power to protect human rights, especially the rights of the accused.Non bis in idem principle has not been contained in the criminal procedure law of China, however some stipulations in Chinese laws are in conflict with this principle. Non bis in idem principle should find its position in Chinese criminal procedure during the period of modernization of criminal justice in China. We should use the experience of the principle in foreign countries and choose those good points before the principle is established in the criminal procedure law of China. Some contents of prohibition against double jeopardy can be stipulated in the procedure that decisions do not become effective, more stipulations of retrial procedure of continent countries should be learned to reform the procedure for trial supervision of our country.