'Ne bis in idem' in document 'Bulgaria - Penal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA - PENAL PROCEDURE CODE

Part one. GENERAL RULES

Chapter one. TASKS AND LIMITS OF EFFECT

Art. 4. (1) Penal proceeding instituted by a body of another country, or the effective sentence passed by a court of another country, and not recognized under the order of this code, shall not be an obstacle to the institution of penal proceedings by the authorities of the Republic of Bulgaria regarding the same crime and against the same person.

(2) (amend. – SG 15/10) The effective sentence passed by a court of another country and not recognised under the order of the Bulgarian legislation shall not be subject to execution by the authorities of the Republic of Bulgaria.

(3) The provisions of Para 1 and Para 2 shall not apply, if stipulated otherwise in an international treaty to which the Republic of Bulgaria is a party, which has been ratified, promulgated and has entered into force.

BULGARIA - PENAL PROCEDURE CODE

Part two. EVIDENCING

Chapter thirty six. PROCEDURES IN CONNECTION WITH INTERNATIONAL COOPERATION ON PENAL CASES

Section II. Recognition and Execution of a Sentence of a Foreign Court

Art. 463. An effective sentence enacted by a foreign court shall be recognised and executed by the authorities of the Republic of Bulgaria in accordance with Art 4, Para 3, when:

5. as regards the same perpetrator for the same crime the Republic of Bulgaria has not recognised a sentence of another foreign court;

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.