'Ne bis in idem - State's own court' in document 'Georgia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION ONE. CRIMINAL LAW

CHAPTER II. SCOPE OF APPLICATION OF CRIMINAL LAW

Article 5. Criminal Liability for Crime Perpetrated Abroad

3. The citizen of a foreign state as well as the person not permanently residing in Georgia without having citizenship who has committed the action under this Code shall bear criminal liability under this Code if it is a grave or especially grave offense directed against the interests of Georgia or if the criminal liability for this offense is provided by the International Treaty of Georgia if they have not been convicted in another state.

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.