Article 6

No person shall be tried for an offence if he has previously been finally acquitted of the same offence and no person shall be tried of or punished for an offence if he has previously been finally convicted of and punished for the same offence, provided that:

the previous proceeding was conducted before a Court constituted by law to try offences and impose punishments therefor;

the person was prosecuted in accordance with the provisions of this Code;

a final judgment as provided in this Code was given during the previous trial regardless whether the judgment was executed; and

any disciplinary measure or relevant institutional action taken against the person with respect to the offence shall not constitute a ground for the benefits granted by this sub-Article.

This Article shall not be read to prohibit the right of the prosecution to appeal a sentence or an acquittal, nor shall it be read to prohibit the retrial of an offence upon the awarding of an appeal, unless the defendant is awarded an acquittal on the appeal.

Notwithstanding sub-Article (1), if a person’s act caused the death of another person, he may be tried for causing that death even if he had previously been convicted of a lesser offence constituted by the same act. It is further provided that, for any additional prosecution authorized under this sub-Article:

the Court having jurisdiction over the homicide offence must find that the death was not known to the prosecution or the Court, or the victim had not died, at the time of the earlier conviction;

the Court must enter an order vacating the previous conviction;

the accused shall be entitled to a new trial on all issues relevant to the case; and

any sentence previously served in connection with the previous conviction shall be subtracted from any sentence imposed after the successive trial.