AUTREFOIS CONVICT Meaning and
Definition
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Autrefois convict is a legal term that originates from French and literally translates to "formerly convicted" in English. It refers to a concept used in common law jurisdictions, particularly in criminal law.
The term is used to describe a defense raised by a defendant who claims that they have previously been tried and convicted for the same offense, and therefore, they cannot be tried again. Autrefois convict is based on the principle of double jeopardy, which protects individuals from being prosecuted multiple times for the same crime.
To successfully raise the defense of autrefois convict, certain criteria must be met. First, the defendant must show that they were previously charged, tried, and convicted for the same offense. Second, the offense must be identical in nature to the one currently being prosecuted. Lastly, the defendant must prove that the previous conviction is still valid and has not been overturned or nullified through appeals or other legal processes.
If the defense of autrefois convict is successfully raised, it acts as a complete bar to further prosecution. The defendant cannot be tried again for the same offense, regardless of any new evidence that may have emerged or changes in the legal landscape. It is considered a fundamental protection against double jeopardy and is enshrined in many legal systems around the world.
Etymology of AUTREFOIS CONVICT
The term "autrefois convict" is a legal term used in English law that originated from French. The etymology of the term can be broken down as follows:
1. Autrefois: In French, "autrefois" means "formerly" or "in the past". It is derived from the Old French phrase "autres fois", which can be translated as "other times" or "previous times".
2. Convict: The word "convict" comes from the Latin verb "convictus", which means "convicted" or "found guilty". It is derived from the prefix "con-" (meaning "together" or "with") and the verb "vincere" (meaning "to conquer" or "to overcome").
