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German Law/can someone be jailed twice for t'he same crime

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Question
Hello,am so happy with your work.My babys father is a nigerian and has been living in germany for over 8 yrs.He committed a felony sum yrs back.He was court with marijuana.He had resident permit.he was jialed for 5moonths and was realeasd on probation for 2 yrs.But t'he city was not happy about his realease and they appeald for him to go back to prison.t'he judge threw t'he case out.t'he police now appealed to a higer court and t'he judge favoured them by re sentencing him to 3 yrs.his lawyer appealed once but his appeal was rejected.my question is,did t'he lawyer put up a good defence?can sumone be jailed twice for t'he same crime he has been aquitted?can he still appeal again?does he have a chance of not going to jail.He has a son from his marriage to his german wife now divorced and also a baby from me. Thanks

Answer
The double jeopardy rule prevents the state from convicting somebody twice for the same crime, but that does not apply to appeals of course because an appeal supersedes the previous conviction.

Also, it does not prevent somebody being jailed several times, especially if during the probation he gave cause for the probation to be revoked.

I would need to see all the paperwork to see if he can appeal again, but as you stated in your previous question that you have no contact with him, this sounds like it won't be a possibility.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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