'Ne bis in idem - ICC' in document 'Bulgaria - Extradition and European Arrest Warrant Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Extradition and European Arrest Warrant ACT

Chapter two - CONDITIONS FOR EXTRADITION. GROUNDS FOR REFUSAL OF EXTRADITION

Article 7 - Extradition shall be refused:

...
6. For a criminal offence, which has been amnestied or in respect of which criminal prosecution or the enforcement of the sentence has been statute-barred under the law of the Bulgarian or of the requesting state;

7. Where a convictions against the person whose extradition is requested of the same criminal offence has entered into force in the Republic of Bulgaria;

Extradition and European Arrest Warrant ACT

Chapter two - CONDITIONS FOR EXTRADITION. GROUNDS FOR REFUSAL OF EXTRADITION

Article 8 - Extradition may be refused:

...
2. Where criminal proceedings in respect of the same criminal offence have been dropped in the Republic of Bulgaria;

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 21
(3) A refusal to extradite a foreign national against whom charges have been pressed or who has been convicted in another state shall not be an obstacle to prosecution within the Republic of Bulgaria where grounds exist to this effect.

Extradition and European Arrest Warrant Act

Chapter three - EXTRADITION PROCEDURE

Title I - Extradition at the request of another state

Article 22
The provisions of this title shall also apply where extradition is requested by an international court.

RELEVANT ROME STATUTE PROVISIONS

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.