Autrefois Attaint is a legal term used in French law to refer to a person who has been previously convicted and sentenced for a crime. It signifies that the individual has a prior criminal record and has been found guilty in the past. This term is often used in the context of determining the severity of punishment for repeat offenders, as their previous convictions can be taken into account during sentencing.
Autrefois attaint is a legal doctrine that prevents a person from being tried for the same offence twice. It is based on the principle of double jeopardy, which protects individuals from being subjected to multiple prosecutions for the same crime. The doctrine applies when a person has already been acquitted or convicted of an offence, and subsequently faces a new trial for the same offence. In such cases, the court will dismiss the charges based on autrefois attaint, as it would violate the individual’s constitutional rights. This doctrine ensures fairness and prevents the abuse of legal processes by the prosecution.
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This glossary post was last updated: 29th March 2024.
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