Criminal Bis In Idem Principle

Non bis in idem is a fundamental principal of criminal procedure in society, and ithas also been found in some conventions of the United Nations, such as theInternational Covenant on Civil and Political Rights. It has a lot of benefits to respectand protect human rights, to maintain the justice of criminal litigation, to save thejudicial resources, to promote the finality in criminal litigation and to establish theauthority of the judgment which will accord with the historical tread in thedevelopment of criminal procedure. The value of Non bis in idem including is keep upwith the development of criminal procedure. The development of criminal procedure isthe one in which the rights of the criminal suspect and defendant can be protect andraised.At first, the article reviews the origin, development and the value tropism. Thenthe article focuses on the res judicata of Continental Law Legal Family and doublejeopardy rule of Common Law Legal Family, and studies the difference of the twokinds of Non bis in idem. The third, the author explains the exception of Non bis inidem, including its necessity and retrial system. At last, the article attaches theconnection of Non bis in idem with Chinese criminal procedure, the author not onlyanalyses the reason why we didrt adopt this principle, but also analyses the necessityand feasibility of establishing Non bis in idem in Chinese criminal procedure. On thebase of it, the author concentrates on the future development of the principle in ourcountry and give some idea on the reform of retrial system and repeating prosecution ofPeople's Procuratorate.