Quiz: Prohibition Against Double Jeopardy
1. The prohibition against double jeopardy embodies the principle of ne bis in idem (meaning “not twice about the same”) and guarantees any individual the right to remain free from being tried or punished for an offense for which they have already been finally convicted or acquitted in accordance with the law and the penal procedure of each country.
True
False
2. The prohibition against double jeopardy :
A. Safeguards the principle of legal certainty, which strengthens the judicial system.
B. Avoids wasting resources and miscarriages of justice.
C. Preserves the principle of res juridicata, which gives finality and integrity to criminal proceedings.
D. A, B, and C.
3. If a court acquits an individual and the judgement has become final, can another retry them for the same facts, on the same legal grounds, and with the same parties involved?
Yes
No
4. The prohibition against double jeopardy applies when the judgment is final.
True
False
5. Which domestic law provides that “any person who has been acquitted by a court judgment cannot be prosecuted once again for the same act, even if such act is subjected to different legal qualification”?
A. Cambodian Criminal Code
B. Cambodian Civil Code
C. Cambodian Criminal Procedure Code
D. None of the above.
6. Which national and international legislation guarantee the prohibition against double jeopardy?
A. International covenant on Civil and Political Rights
B. Cambodian Criminal Code
C. Cambodian Criminal Procedure Code
D. A and C
7. The Extraordinary Chambers in the Courts of Cambodia (“ECCC”) have affirmed that the principle of ne bis in idem does not prohibit the prosecution for international crimes such as crimes against humanity.
True
False
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What are Fair Trial Rights?
The Right to the Presumption of Innocence & The Right to Remain Silent
The right to liberty, the right to be tried within reasonable time (or to release) and the right to be tried without undue delay
The Right To Be Informed Of The Nature And Causes of the Charge(s)
The Right Not to Be Compelled to Confess Guilt or to Testify Against Oneself
The Right to Adequate Time and Facilities to Prepare a Defense and The Right to Speak with a Lawyer
The Right to Be Present at Trial and The Right to Defend Oneself in Person or through Legal Representation
The Right to Be Tried by a Competent, Independent, and Impartial Tribunal
The Right to a Public Hearing
Evidentiary Rights (Right to call and examine witnesses)
The Right to a Public Judgment and the Right to a Reasoned Judgment
Prohibition Against Retroactive Application of Criminal Law (or Principle of Legality)
Prohibition Against Double Jeopardy
The Rights of Children in Conflict with the Law
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