oa Comparative and International Law Journal of Southern Africa - Appeal by the prosecution and the right of the accused to be protected against double jeopardy: a comparative perspective



This article deals with the double-jeopardy implications of the state-initiated appeal from a comparative perspective. The main focus is whether current South African legislation and common-law rules which provide for the various types of state-initiated appeals set out in Section 33(3)(e) of the Constitution of South Africa, can be reconciled with constitutional protection against double jeopardy.


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