'Ne bis in idem' in document 'Slovenia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

3. Territorial Application

Special Conditions for Prosecution

Article 14

(1) If, in cases under Article 10 and indent 1 of Article 11 of this Penal Code, the criminal procedure has been initiated or discontinued in a foreign country, the perpetrator may be prosecuted in the Republic of Slovenia only by permission of the Minister (hereinafter, the Minister) of Justice with the notice, under which conditions the prosecution shall not violate the double jeopardy.

GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

3. Territorial Application

Special Conditions for Prosecution

Article 14

(2) In cases under Articles 12 and 13 of this Penal Code, the perpetrator shall not be prosecuted :

1) if he has served the sentence imposed on him in the foreign country or if it was decided in accordance with an international agreement that the sentence imposed in the foreign country is to be served in the Republic of Slovenia ;
2) if he has been acquitted by a foreign court or if his sentence has been remitted or the execution of the sentence has fallen under the statute of limitations ;
3) if, according to foreign law, the criminal offence concerned may only be prosecuted upon the complaint of the injured party and the latter has not been filed.

(3) In cases under Articles 12 and 13 the perpetrator shall be prosecuted only insofar as his conduct constitutes a criminal offence in the country where it was committed.

GENERAL PART

Chapter Two

APPLICATION OF THE PENAL CODE

3. Territorial Application

Special Conditions for Prosecution
Article 14

(1) If, in cases under Article 10 and indent 1 of Article 11 of this Penal Code, the criminal procedure has been initiated or discontinued in a foreign country, the perpetrator may be prosecuted in the Republic of Slovenia only by permission of the Minister (hereinafter, the Minister) of Justice with the notice, under which conditions the prosecution shall not violate the double jeopardy.

GENERAL PART

Chapter Two

APPLICATION OF THE PENAL CODE

3. Territorial Application

Special Conditions for Prosecution
Article 14

(2) In cases under Articles 12 and 13 of this Penal Code, the perpetrator shall not be prosecuted:

1) if he has served the sentence imposed on him in the foreign country or if it was decided in accordance with an international agreement that the sentence imposed in the foreign country is to be served in the Republic of Slovenia;
2) if he has been acquitted by a foreign court or if his sentence has been remitted or the execution of the sentence has fallen under the statute of limitations;
3) if, according to foreign law, the criminal offence concerned may only be prosecuted upon the complaint of the injured party and the latter has not been filed.
(3) In cases under Articles 12 and 13 the perpetrator shall be prosecuted only insofar as his conduct constitutes a criminal offence in the country where it was committed.

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.