Nemo Debet Bis Vexari Si Constat Curiae Quod Sit Pro Una Et Eadem Causa Law and Legal Definition

No one should be vexed twice for the same offence during the currency of the punishment for the earlier offence. If a prisoner has once been put on trial, and the jury sworn, s/he must have a verdict for or against him/her. If the trial breaks down for want of an important witness or other course, the verdict in the prisoner’s favor frees him from all further trial for the same offence. But if the trial is stopped by some unforeseen accident, such as illness of jury or accused or proved to be a nullity in consequences of some defects for which the prosecutor was not responsible, such as a person having personated a juryman or the like, the plea of res-judicata will not be sustainable. This maxim is mainly applied in criminal law. A man shall not twice be put in peril after a verdict has been returned by the jury, that verdict being given on good indictment, and one on which the prisoner could be legally convicted and sentenced.