Sunday, January 17, 2010

Right Against Double Jeopardy (Sec. 21, Art. III)

When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without his express consent, he cannot again be charged for the same offense.

An accused is placed in double jeopardy if the following conditions are present:

1. He has been previously brought to trial;

2. The trial court has jurisdiction over the case;

3. The complaint or information is valid;

4. The accused has been arraigned and entered a plea;

5. The accused has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and

6. He is being charged again for the same offense.

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