CAP. 75
Criminal Procedure Code
[Rev. 2012]
(2) Notwithstanding subsection (1), the Director of Public Prosecutions, in the
public interest and the orderly administration of justice, or the accused person,
may apply to the court which passed the sentence to have the conviction and
sentence procured pursuant to a plea agreement set aside on the grounds of fraud
or misrepresentation.
(3) Where a conviction or sentence has been set aside, under subsection (2),
the provisions of section 137J shall apply mutatis mutandis.
[Act No. 12 of 2012, Sch.]
137M. Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force,
the statements or facts stated by an accused person in a plea agreement shall not
be used for any other purpose except for the purpose of this Part.
137N. Application
This Part shall not apply to—
(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against humanity.
[Act No. No. 3 of 2006.]
137O. Rules under this sub-Part
The Attorney-General may make rules for the better carrying into effect the
provisions of this Part and such rules shall apply mutatis mutandis to prosecutions
conducted under section 88 of the Act.
PREVIOUS CONVICTION OR ACQUITTAL
138. Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an
offence and convicted or acquitted of that offence shall, while the conviction or
acquittal has not been reversed or set aside, not be liable to be tried again on the
same facts for the same offence.
139. Person may be tried again for separate offence
A person convicted or acquitted of an offence may afterwards be tried for
another offence with which he might have been charged on the former trial under
section 135(1).
140. Consequences supervening or not known at time of former trial
A person convicted or acquitted of an act causing consequences which
together with that act constitute a different offence from that for which he was
convicted or acquitted may be afterwards tried for the last-mentioned offence, if the
consequences had not happened or were not known to the court to have happened
at the time when he was acquitted or convicted.
[Issue 1]
C44 - 56
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات