Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5709 - Former jeopardy(a) General rule.-- No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction.(b) Definition of trial.-- 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. However, a proceeding which, 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.Added by P.L. 1506 2012 No. 192, § 2, eff. 10/24/2013.