Editing Double jeopardy (section)

== European Convention on Human Rights ==
{{Expand section|date=June 2008}}

All members of the [[Council of Europe]] (which includes nearly all European countries and every member of the [[European Union]]) have adopted the [[European Convention on Human Rights]].<ref>{{Cite web|date=3 November 2020|title=Chart of signatures and ratifications of Treaty 005 (Convention for the Protection of Human Rights and Fundamental Freedoms)|url=https://www.coe.int/en/web/conventions/search-on-treaties/-/conventions/treaty/005/signatures|url-status=live|archive-url=https://web.archive.org/web/20201103214443/https://www.coe.int/en/web/conventions/search-on-treaties/-/conventions/treaty/005/signatures|archive-date=3 November 2020|access-date=3 November 2020|website=Council of Europe}}</ref> The optional Protocol No. 7 to the convention, Article 4, protects against double jeopardy: "No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an [[Offence (law)|offence]] for which he or she has already been finally [[acquittal|acquitted]] or [[conviction|convicted]] in accordance with the law and penal procedure of that State."<ref name="ECHR-COE">{{cite web|title=European Convention on Human Rights, as amended by Protocols Nos. 11 and 14, supplemented by Protocols Nos. 1, 4, 6, 7, 12 and 13|url=https://www.echr.coe.int/Documents/Convention_ENG.pdf |archive-url=https://web.archive.org/web/20130612091352/http://www.echr.coe.int/Documents/Convention_ENG.pdf |archive-date=2013-06-12 |url-status=live|publisher=Council of Europe|access-date=31 March 2018}}</ref>

All EU states ratified this optional protocol except for Germany, the United Kingdom, and the Netherlands.<ref>{{cite web|url=http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=117&CM=8&DF=4/11/2007&CL=ENG|title= Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms|publisher=Council of Europe}}</ref> In those member states, national rules governing double jeopardy may or may not comply with the provision cited above.

Member states may, however, implement legislation which allows the reopening of a case if new evidence is found or if there was a fundamental defect in the previous proceedings:<ref name="ECHR-COE" />

{{Blockquote|The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case.}}

In many European countries, the prosecution may appeal an acquittal to a higher court.{{Citation needed|date=February 2018}} This is not regarded as double jeopardy, but as a continuation of the same case. The European Convention on Human Rights permits this by using the phrase "finally acquitted or convicted" as the trigger for prohibiting subsequent prosecution.