'Ne bis in idem' in document 'Spain - Law 6/1985 Judiciary'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

VOLUME I
THE EXTENSION AND LIMITS OF JURISDICTION AND THE STAFFING AND ORGANISATION OF THE COURTS AND TRIBUNALS

TITLE I
The extension and limits of jurisdiction

Article 23.

2. In addition, it shall hear cases established under Spanish criminal laws as crimes, even though they have been committed outside national territory, provided that those criminally responsible were Spanish, or foreigners who had acquired Spanish nationality subsequent to the crime and when the following requirements are fulfilled :

c) That the offender has not been acquitted, pardoned or sanctioned abroad or in this last case, has not completed their sentence. If they have only completed it partly it shall be taken into account as proportionally reduced.

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.