Spans in 'Croatia: Implementation of Statute of ICC' tagged with 'Ne bis in idem

'Ne bis in idem - foreign court' in document 'Croatia: Implementation of Statute of ICC'

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More information about the keyword 'Ne bis in idem - foreign court'
More information about the document 'Croatia: Implementation of Statute of ICC'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

II. PROSECUTION IN REPUBLIC OF CROATIA

JURISDICTION OF THE CROATIAN COURTS AND OTHER AUTHORITIES
Article 10

(2) In addition to the perpetrators referred to in paragraph 1 of this Article, other perpetrators shall also be prosecuted in the Republic of Croatia regardless of the place where they were committed or the nationality of the perpetrator if the perpetrator is arrested in the Republic of Croatia or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or the conditions for the conducting of procedure against the perpetrator before the International Criminal Court, court of the state in which the criminal offence was committed, court of the state whose national is the perpetrator or any other court competent and before which it may be expected the conducting of fair trail do not exists.

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.