'Ne bis in idem - ICC' in document 'Albania - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

1 General Part

Chapter 1- Criminal Law and its Application

Article 11- Extradition

Extradition may be permitted only when explicitly provided for by international treaties where the Republic of Albania is a party.

Extradition shall be permitted when both Albanian law and foreign law provide for the criminal act, which constitutes the object of the request for extradition, as such simultaneously.

Extradition shall not be granted:

a) if the person to be extradited is an Albanian citizen, unless otherwise provided for by the treaty;

b) if the criminal act constituting the object of the request for extradition is of a political or military nature;

c) when there is reasonable ground to believe that the person requested to be extradited will be prosecuted, punished or wanted because of his political, religious, national, racial or ethnic beliefs;

d) if the person requested to be extradited has been tried for the criminal act for which a competent Albanian court demands the extradition.

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.