Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 25 August 2019

Abstract and Keywords

This chapter explores the main issues as well as the principal commonalities and differences found in the civil law and common law traditions with regard to the legal doctrine of double jeopardy (ne bis in idem). It begins with an overview of double jeopardy, along with the related concepts of res judicata and lis pendens. It then considers the supporting and conflicting rationales for the prohibition of multiple criminal procedures and the historical origins of the double jeopardy rule. It also discusses the prohibition of double jeopardy as embedded in international human rights law, along with the idem factum approach and the idem crimen approach to addressing the double jeopardy prohibition. The chapter also examines exceptions to res judicata and concludes with an analysis of other legal tools that can effectuate the protection against multiple prosecutions for the same criminal occurrence.

Keywords: double jeopardy, ne bis in idem, res judicata, lis pendens, multiple criminal procedures, international human rights law, idem factum approach, idem crimen approach

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.