Search results
For double jeopardy to attach, the following elements must concur: (1) a valid information sufficient in form and substance to sustain a conviction of the crime charged; (2) a court of competent jurisdiction; (3) the accused has been arraigned and had pleaded; and (4) the accused was convicted or acquitted or the case was dismissed without his ...
Learn the meaning, elements and exceptions of double jeopardy, the rule that prevents a person from being tried twice for the same offense. See examples and cases on how to invoke or waive the defense of double jeopardy.
Double jeopardy attaches when the following elements concur: (1) a valid information sufficient in form and substance to sustain a conviction of the crime charged; (2) a court of competent jurisdiction; (3) the accused has been arraigned and had pleaded; and (4) the accused was convicted or acquitted, or the case was dismissed without his ...
It is beyond cavil that double jeopardy did not set in. Double jeopardy exists when the following requisites are present: (1) a first jeopardy attached prior to the second; (2) the first jeopardy has been validly terminated; and (3) a second jeopardy is for the same offense as in the first.
Thus, apparently, to raise the defense of double jeopardy, three requisites must be present: (1) a first jeopardy must have attached prior to the second; (2) the first jeopardy must have been validly terminated; and (3) the second jeopardy must be for the same offense as that in the first.
Sep 22, 2023 · Learn the concept, requisites, and exceptions of the constitutional right against double jeopardy in the Philippines. Find out the case law and legal definitions of legal jeopardy, duplicitous information, and court martial or military tribunal.
Learn the definition and requirements of double jeopardy in criminal procedure. Find out when double jeopardy attaches and how to substantiate a claim of double jeopardy.
