PART ONE
GENERAL PROVISIONS

Chapter 2 On the Applicability of Swedish Law

Section 5 a

If the question of responsibility for an act has been determined by a judgement which has entered into legal force pronounced in a foreign state where the act was committed, or by a foreign state in which the European Convention of 28 May 1970 on the International Validity of Criminal Judgements or the European Convention of 15 May 1972 on the Transfer of Proceedings in Criminal Matters was in force, the accused may not be prosecuted for the same act in this Realm :

1. if he has been acquitted,
2. if he has been declared guilty of the crime without a sanction being imposed,
3. if the sanction imposed has been enforced in its entirety or enforcement is in process,
4. if the sanction imposed has lapsed under the law of the foreign state.

The first, paragraph shall not apply to a crime under Section 1 or Section 3, points 4, 6 and 7, unless legal proceedings in the foreign state were instituted at the request of a Swedish authority.

If the question of responsibility for an act has been determined by a judgement pronounced by a foreign state and no impediment to legal proceedings exists by reason of what has been previously stated in this Section, the act may be prosecuted in the Realm only by order of the Government or a person authorised by the Government. (Law 1987:761)

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.