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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 1. Objectives and principles of the Criminal Legislation
Grounds for criminal responsibility

Article 8. Principle of Justice

(2) No one may bear criminal liability twice for the same crime.

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 15. Application of the Criminal Law in Regard to Persons who Committed Crimes outside the Republic of Tajikistan

(3) These rules shall be applied if foreign citizens and persons without citizenship, who are not permanent residents, were not convicted in any other 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.