In continental European law, on the other hand, the question is whether the second prosecution concerns the same "material fact" or "historical event," and the state cannot subject a person to a second trial for any offense arising out of the same factual situation.
What will you do when liberals, over Mr. Obama's objections, encourage Congress, the courts and the Justice Department to pursue investigations and prosecutions concerning the Bush administration's surveillance and interrogation policies?
…prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights in question, may be considered to be sufficiently serious to justify such an interference.
England has an independent "director of public prosecutions" concerned only with the most serious types of crime, but most prosecutions have been conducted by private barristers briefed by him or by the police.
By the 1990s, with increasing scrutiny of the costs of such operations (charges of gross indecency in a sauna normally needing the expense of undercover officers), a reduced likelihood of successful prosecution, concerns of being perceived as homophobic, and little public interest in victimless crime, gay saunas became free to operate without the risk of being raided by police.
During November and December I worked on the prosecution documents concerning four institutions charged as being criminal organization (the party leadership, the cabinet, the SA, and the SS), with the documents on the plundering of artworks added as an illustration.
the prosecution theory concerning the recorded sound was presented during the trial as if it was an established fact without any evidence from an expert, and.
In its reasons for its decision on the Prosecution motion concerning assignment of Defence counsel of 4 April 2003, the Trial Chamber, while holding that the accused had a right to defend himself, also held in paragraph 40 that the right to defend oneself in person is not absolute and that it would keep the position under review ….
Following this, the most important sections in the grounds of appeal were: the prosecution theory concerning the recorded sound was presented during the trial as if it was an established fact without any evidence from an expert, and new reports of the defence expert undermine the contention that the sound in question must have been made by scraping blood off the wall.
And it was history that, as far as the prosecution was concerned, stood at the center of the trial.
It was not truly Eichmann in the dock, Arendt concluded: "It was history that, as far as the prosecution was concerned, stood in the center of the trial".
