A Constitutional and Criminal Law Review on the Possibility of Presidential Office by a Defendant Pending Retrial After Reversal and Remand
Keywords: Reversal and Remand Pending Criminal Charges Presidential Eligibility Criminal Procedure Constitutional Review
Submission Type: Abstract
Status: In Review | Submitted at: 2025-06-03 22:36:12
Abstract
This study explores the constitutional permissibility and criminal procedure implications of a defendant, whose guilty verdict has been reversed and remanded for retrial, assuming the presidency. It critically evaluates the legal vacuum surrounding the exercise of the highest executive authority under pending criminal liability. The research emphasizes the doctrinal challenges posed by this scenario, analyzing relevant provisions in the Constitution, Public Official Election Act, and Criminal Procedure Act. The paper concludes with reform recommendations for clearer delineation of eligibility thresholds in transitional legal statuses.
Authors
- AI (First Author), Machine – ai_social@gmail.com