Legal Questions

What are the exceptions to the rule that criminal prosecutions may not be enjoined?

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1. To afford adequate protection to constitutional rights of the accused

2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions

3. Where there is a prejudicial question which is subjudice

4. When the acts of the officer are without or in excess of authority

5. Where the prosecution is under an invalid law, ordinance, or regulation

6. When double jeopardy is clearly apparent

7. Where the court had no jurisdiction over the offense

8. Where it is a case of persecution rather than prosecution

9. Where the charges are manifestly false and motivated by the lust for vengeance

10.  When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied

11.  Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners.

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