Ill. Admin. Code tit. 95 § 400.835

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.835 - Former Jeopardy

a)No person may, without his or her consent, be tried a second time for the same offense.

b)No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this Section until the finding of guilty has become final after review of the case has been fully completed.

c)A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this Section. (Code Section 44)

Ill. Admin. Code tit. 95, § 400.835

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.