Double Jeopardy - European Convention On Human Rights

European Convention On Human Rights

All members of the Council of Europe (which includes nearly all European countries, and every member of the European Union) have signed the European Convention on Human Rights, which protects against double jeopardy. The optional Seventh Protocol to the Convention, Article Four, says:

No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he or she has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.

Member states may, however, implement legislation which allows reopening of a case in the event that new evidence is found or if there was a fundamental defect in the previous proceedings.

The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case.

This optional protocol has been ratified by all EU states except five (namely Belgium, Germany, Spain, the Netherlands, and United Kingdom). In those member states, national rules governing double jeopardy may or may not comply with the provision cited above.

In many European countries the prosecution may appeal an acquittal to a higher court (similar to the provisions of Canadian law) – this is not counted as double jeopardy but as a continuation of the same trial. This is allowed by the European Convention on Human Rights – note the word finally in the above quotation.