'Ne bis in idem - State's own court' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
NE BIS IN IDEM
Article 20
(1) The accused person whose guilt has been decided on by the international Criminal Court may not be tried for the same criminal offence in the Republic of Croatia, nor can a previous national judgment in the same matter be enforced.
(2) At the request of the State Attorney or the accused who has been tried by the International Criminal Court, the judgment of a court in the Republic of Croatia concerning the same criminal offence shall be altered through appropriate implementation of the provisions of the Criminal Procedure Act related to the alteration of judgment in accordance with the rules on the renewal of proceedings.

NO PARALLEL TRIAL
Article 21
(1) No criminal proceedings may be conducted against the same accused person for the same criminal offence simultaneously in the Republic of Croatia and before the International Criminal Court.
(2) When proceedings against the person accused are under way before a court in Croatia, and the International Criminal Court institutes criminal proceedings against the same person for the same criminal offence, the proceedings before the court in Croatia will be suspended upon the surrender of the person accused to the International Criminal Court or when this person otherwise appears before that Court.
(3) When the International Criminal Court commences the proceedings, no proceedings shall be instituted in the Republic of Croatia against the same accused person for the same criminal offence.
(4) If the judgment of a court in the Republic of Croatia has become final, it shall not be enforced, and if the enforcement is under way, it shall be suspended as of the surrender of the person accused to the International Criminal Court, in accordance with the provisions of the Statute.
(5) In the course of suspension of the proceedings before a court in the Republic of Croatia or the suspension of the enforcement neither statute of limitation nor the terms for carrying out of particular process activities shall apply.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA
LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 10

(2) In addition to the crimes specified in the foregoing paragraph, other crimes shall also be prosecuted in the Republic of Croatia, regardless of the place where they were committed or the nationality of the suspect, if the suspect is arrested in 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 if the respective suspect for one reason or another cannot be tried before the International Criminal Court or a court of the state where the crime was committed, a court of the state of the suspect's residence or another competent court from which a fair trial can be expected.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

(1) A person indicted whose guilt has been decided on by the International Criminal Court cannot be tried for the same crime in the Republic of Croatia, nor can a previous national adjudication in the same matter be enforced.

(2) At the request of the Public Attorney or of the person indicted who has been tried by the International Criminal Court, the adjudication of a court in the Republic of Croatia concerning the same crime shall be altered through appropriate implementation of the provisions of the Law on Criminal Procedure related to the alteration of adjudication in accordance with the rules on the renewal of proceedings.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

Article 21

(1) No criminal proceedings may be conducted against the same indicted person for the same crime simultaneously in the Republic of Croatia and before the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

Article 21

(3) When the International Criminal Tribunal begins with the proceedings, no proceedings shall be instituted in the Republic of Croatia against the same indicted person for the same crime.

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.