Article 39 of the Constitution of Japan
E455213
Article 39 of the Constitution of Japan is the provision that enshrines the principle of double jeopardy, protecting individuals from being tried or punished more than once for the same offense.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Article 39 of the Constitution of Japan canonical | 1 |
Statements (45)
| Predicate | Object |
|---|---|
| instanceOf |
article of the Constitution of Japan
ⓘ
constitutional provision ⓘ |
| aimsToPrevent |
excessive state punishment
ⓘ
harassment through repeated prosecutions ⓘ |
| appliesTo |
criminal proceedings
ⓘ
individuals accused of crimes ⓘ |
| bindingOn |
courts in Japan
ⓘ
prosecutors in Japan ⓘ |
| cameIntoForceWith | Constitution of Japan of 1947 NERFINISHED ⓘ |
| category | human rights clause in the Constitution of Japan ⓘ |
| constitutionalChapter | Chapter III: Rights and Duties of the People ⓘ |
| constitutionalRank | supreme law within Japanese legal system ⓘ |
| country | Japan ⓘ |
| enshrinesPrinciple |
ne bis in idem
ⓘ
prohibition of double jeopardy ⓘ |
| historicalContext | post-World War II constitutional reform in Japan ⓘ |
| influencedBy |
comparative constitutional law on double jeopardy
ⓘ
modern human rights principles ⓘ |
| interpretedBy | Supreme Court of Japan NERFINISHED ⓘ |
| jurisdiction | Japanese courts ⓘ |
| languageFamily | Japanese language ⓘ |
| legalDomain |
constitutional law
ⓘ
criminal law ⓘ |
| legalEffect |
bars repeated prosecution for the same offense
ⓘ
bars repeated punishment for the same offense ⓘ limits state power in criminal justice ⓘ |
| legalStatus | in force ⓘ |
| partOf | Constitution of Japan NERFINISHED ⓘ |
| protectsAgainst |
multiple criminal punishments for the same offense
ⓘ
multiple criminal trials for the same offense ⓘ |
| protectsRight |
right not to be punished twice for the same offense
ⓘ
right not to be tried twice for the same offense ⓘ |
| purpose |
to ensure finality of criminal judgments
ⓘ
to prevent abuse of prosecutorial power ⓘ to protect individuals from multiple prosecutions for the same act ⓘ |
| relatedConcept |
human rights protection
ⓘ
legal certainty ⓘ res judicata in criminal cases ⓘ |
| relatedTo | Article 14 of the International Covenant on Civil and Political Rights NERFINISHED ⓘ |
| scope | criminal offenses under Japanese law ⓘ |
| subjectMatter |
criminal prosecution
ⓘ
criminal punishment ⓘ double jeopardy ⓘ |
| typeOfRight |
fundamental right under Japanese Constitution
ⓘ
procedural criminal right ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Chapter III of the Constitution of Japan
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containsArticle
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Article 39 of the Constitution of Japan
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