The wording in this proposal was originally incorporated into my Habeas Corpus Act draft. However, in order to invalidate the concerns of a vocal minority of nations, and to ensure that there is no obstacle to the passage of that proposal's core habeas corpus protections, I have decided to make the anti-double-jeopardy protection a separate proposal.
Submitted version:
(Human Rights / significant)
The World Assembly,
APPALLED by the practice of double jeopardy, or trying an individual more than once for the same alleged offense;
CONVINCED that freedom from this unjust practice is a cornerstone of any fair criminal justice system;
SEEKING to put an end to this injustice;
hereby MANDATES the following, subject to any limitations existing in prior international law:
1. Once an individual has been acquitted of a crime, member states shall not try that individual for the same alleged criminal act again.
2. Member states may vacate an individual's conviction of a crime and grant the individual a new trial for that crime. If the individual is again convicted of the crime, the new sentence shall not be more severe than the old sentence, and any conditions of the old sentence that have been met shall count toward the completion of the new sentence.
3. Member states may choose to not pursue a retrial of an individual whose conviction of a crime has been vacated in accordance with clause 2. In such cases, the individual's criminal sentence for the crime must be immediately terminated;
4. Once an individual has been convicted of a crime, member states shall not try that individual for the same alleged criminal act again without vacating the individual's conviction in accordance with clause 2.
Character count: 1,301
Previous draft:
Alexandria Yadoru
Quelesian WA ambassador