'Ne bis in idem' in document 'Armenia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime

1. No one can be convicted twice for the same offense.

2. After the judgment of the court enters into legal force, the person involved shall be guaranteed, with respect to the same event, against any resumption of criminal prosecution or any replacement of the charge or the penalty with a more severe one.

3. Aquittal or termination of the case or suspension of the criminal prosecution, cassation appeal against the court decision, can be brought within six months after the came into legal force.

4. The decision to suspend the case, or terminate the criminal prosecution can be eliminated only by the attorney general, within six months after such decision has been made.

5. The deadlines mentioned in this Article are not valid in the case of newly discovered circumstances.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 4. CRIMINAL PROSECUTION AND ITS TYPES

Article 35. Circumstances Excluding Criminal Prosecution

1.

7) against the person and upon a cause, with respect to whom and upon which cause the court has already passed a judgment and such judgment has entered into legal force, or any other enforceable judicial decision is available to exclude criminal prosecution.

8) against the person and upon the same charge, with respect to whom and upon which charge the agency for inquest, the investigator, or the prosecutor has already made a decision denying criminal prosecution, and such decision is still in force.

PART 14. SPECIAL PROCEEDINGS

CHAPTER 54. INTERRELATIONS OF COURTS, PROSECUTORS AND INQUEST BODIES WITH APPROPRIATE INSTITUTION OF FOREIGN COUNTRIES AND OFFICIALS IN LEGAL ASSISTENCE IN CRIMINAL CASES

Article 481. Refusal from extradition

a verdict or decision to terminate the proceedings or criminal prosecution which came into effect, has already been executed in relation to the person.

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.