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Autrefois Convict and Aturefois Acquit

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Maxim: Autrefois Convict and Aturefois Acquit

  1. Autrefois Convict:
    • Meaning in English: “Autrefois Convict” is a legal maxim that translates to “formerly convicted” in English. This legal principle is related to the concept of double jeopardy, similar to “Autrefois Acquit.” It prevents a person from being tried again for an offense for which they have already been convicted.
    • Explanation:
      • In the context of criminal law, if an individual has been convicted of a crime, “Autrefois Convict” prohibits the prosecution from bringing the same or a similar charge against the person in a subsequent trial. Like “Autrefois Acquit,” it protects individuals from being subject to repeated prosecutions for the same offense.
    • Examples:
      • If a person is convicted of burglary and serves their sentence, the principle of “Autrefois Convict” would prevent the prosecution from bringing the same burglary charge again in a new trial.
      • The principle ensures that individuals are not subjected to multiple punishments for the same criminal act.
  2. Autrefois Acquit:
    • Meaning in English: “Autrefois Acquit” translates to “formerly acquitted” in English. This legal maxim is based on the concept of double jeopardy, protecting individuals from being tried again for an offense for which they have already been acquitted.
    • Explanation:
      • In criminal law, if an individual has been acquitted (found not guilty) of a particular offense, “Autrefois Acquit” prevents the prosecution from bringing the same or a similar charge against the person in a subsequent trial. This principle upholds the idea that a person should not be subject to repeated prosecutions for the same offense.
    • Examples:
      • If a defendant is charged with embezzlement, goes to trial, and is found not guilty, the principle of “Autrefois Acquit” would prevent the prosecution from bringing the same embezzlement charge in a new trial.
      • It ensures that individuals are protected from facing legal consequences multiple times for the same alleged criminal conduct.

In summary, both “Autrefois Convict” and “Autrefois Acquit” are legal maxims related to the concept of double jeopardy. The former prevents retrial after a conviction, and the latter prevents retrial after an acquittal, ensuring that individuals are protected from facing repeated legal proceedings for the same alleged offense.

Case Laws:

1978  PLD  121     SUPREME-COURT

ALAMDAR HUSSAIN SHAH           VS.        ABDUL BASEER QURESHI

Art. 13 read with Criminal Procedure Code (V of 1898), S. 403 and Evidence Act (I of 1872), S. 132-Maxim : autrefois convict and aturefois acquit-Protection against double punishment-Word “prosecution” in Art. 13-Includes commencing, conducting, and carrying a suit to a conclusion in a Court of justice-Fresh prosecution for same offence barred only where prosecution finally concluded and ended either in acquittal or conviction-Petitioner in first instance tried by Military Court, later on lifting of Martial Law case tried by a Magistrate and lastly ordered to be transferred to Sessions Court-Prosecution in none of such forums pursued to end-Petitioner’s trial, held, in no way derogatory to principles of autrefois acquit or autrefois convict or violative of Art. 13 of Constitution.-[Maxim-Words and phrases].

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