Spans in 'Serbia - Criminal Code' tagged with 'Ne bis in idem

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

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More information about the keyword 'Ne bis in idem - State's own court'
More information about the document 'Serbia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Applicability of Criminal Legislation on the Territory of Serbia
Article 6

(4) If criminal proceedings have been instituted or concluded in a foreign country in respect of cases specified in paragraphs 1 through 3 of this Article, criminal prosecution in Serbia shall be undertaken only with the permission of the Republic Public Prosecutor.

GENERAL PART

CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Special Requirements for Criminal Prosecution for Offences Committed Abroad
Article 10

(1) In cases referred to in Articles 8 and 9 hereof, criminal prosecution shall not be undertaken if :

1) the offender has fully served the sentence to which he was convicted abroad ;
2) the offender was acquitted abroad by final judgement or the statute of limitation has set in respect of the punishment, or was pardoned ;

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.