'Ne bis in idem - State's own court' in document 'Croatia Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 31

No one may be re-tried nor penalized in criminal prosecution for an act for which such individual has already been acquitted or sentenced by a binding court judgment in accordance with law.

The cases and reasons for the renewal of court proceedings under paragraph (2) of this Article may be stipulated solely by law, in accordance with the Constitution and international treaties.

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.