Injuries in the same altercation who know two criminal courts. Application of res judicata

Abstract

Res judicata in criminal law has a different scope in the field of criminal law, in relation to other areas of law, such as private law, effectively producing a preclusive or negative, which precludes monitoring in the criminal proceedings by a same fact and against the same person after it has been resolved by a final judgment or resolution assimilated. Thus the existence of a second criminal prosecution on facts that have already been settled by a judgment which prevents a new procedure is decided on the same facts, lack of meaning, for the purposes of double jeopardy, both the legal and the title on the accused, and therefore although the first procedure a trial of offenses and the second, which appreciates, is a criminal investigation conducted by distraint charged with battery of who knows the Provincial Court. Otherwise would violate the double jeopardy principle which prevents re-settle on what has been resolved.