Ill. Admin. Code tit. 95, § 400.835 – Former Jeopardy | Midpage
§ 400.835
Ill. Admin. Code tit. 95, § 400.835
Former Jeopardy
AUTHORITY: Implementing and authorized by the Illinois Code of Military Justice [20 ILCS 1807].DEPARTMENT OF MILITARY AFFAIRS
a) No person may, without his or her consent, be tried a second time for the same offense.
b) 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.
c) A proceeding that, 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. (Code Section 44)