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

How this entity was disambiguated

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 ⓘ
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 ⓘ
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 ⓘ
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 ⓘ
scope criminal offenses under Japanese law ⓘ
subjectMatter criminal prosecution ⓘ
criminal punishment ⓘ
double jeopardy ⓘ
typeOfRight fundamental right under Japanese Constitution ⓘ
procedural criminal right ⓘ

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Chapter III of the Constitution of Japan → containsArticle → Article 39 of the Constitution of Japan ⓘ