Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES


Ne bis in idem after the final decision of the court
Article 6
(1) No person shall be prosecuted and sanctioned for a criminal offence for which he has already been acquitted or convicted by a final judgment or for which criminal proceedings has been discontinued by a final decision or the charges has been denied by a final decision.
(2) In the criminal proceedings instituted upon the extraordinary judicial remedy a final court judgment cannot be revised to the prejudice of the defendant.

Part III
SPECIAL PROCEEDINGS

Chapter XXXV
PROCEEDINGS FOR EXTRADITION OF DEFENDANTS AND SENTENCED PERSONS

Preconditions for extradition
Article 517
(1) Preconditions for extradition shall be the following:

5) that the foreigner whose extradition is requested has not already been sentenced by a domestic court for the same offense or acquitted for the same offense by a final judgment rendered by the domestic court, except when the conditions specified in the present Code for reopening of criminal proceedings are met, or that against the foreigner, for the same offense committed against the Republic of Serbia, criminal proceedings have not been instituted in the Republic of Serbia, and if proceedings have been instituted for an offense committed against a citizen of Serbia and Montenegro - that a security for a claim for indemnification of the injured person is given;

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Ne bis in idem

Article 4

No one may be prosecuted in connection with a criminal offence for which he has been acquitted or convicted by a final decision of a court, or for which the indictment has been denied by a final decision, or where the proceedings have been discontinued by a final decision.

A final court decision may not be revised to the detriment of the defendant.

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.