United States:
In the United States, the principle of double jeopardy is protected by the Fifth Amendment to the Constitution. It states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." This means that once a person has been acquitted or convicted of a crime, they cannot be tried again for the same offense in the same jurisdiction. However, double jeopardy does not prevent federal and state prosecutions for the same offense because the U.S. legal system has separate jurisdictions.
India:
In India, double jeopardy is a constitutional right under Article 20(2) of the Indian Constitution. It states that no person shall be prosecuted and punished for the same offense more than once. This protection extends to criminal proceedings within the country.
United Kingdom:
The United Kingdom follows the principle of double jeopardy, but it was modified by the Criminal Justice Act 2003. This act allows for retrial in cases where "new and compelling evidence" emerges, potentially justifying a second prosecution for the same offense.
France:
France also recognizes the principle of double jeopardy, which is known as "non bis in idem." Article 4 of the French Declaration of Human Rights and Citizen of 1789 guarantees that no one can be tried or punished twice for the same crime. However, France, like the UK, allows for exceptions in cases involving new evidence.
Russia:
In Russia, double jeopardy is protected by Article 35 of the Russian Constitution. It establishes the right not to be tried or punished again for an offense for which a final verdict has been delivered. This constitutional protection is aimed at preventing multiple prosecutions for the same crime.
Germany:
Germany upholds the principle of double jeopardy through its legal system. Article 103 of the Basic Law for the Federal Republic of Germany (Grundgesetz) establishes that no person may be punished again for the same offense after a final judgment has been rendered. This safeguards the individual's right against multiple prosecutions.
In conclusion, the concept of double jeopardy is a fundamental legal principle designed to protect individuals from being subjected to multiple prosecutions or punishments for the same offense. While the specifics may vary slightly from one country to another, it is a widely recognized and respected legal concept in the countries mentioned above, each with its own unique approach to its implementation.
