Spans in 'Afghanistan - Penal Code' tagged with 'Ne bis in idem

'Ne bis in idem - State's own court' in document 'Afghanistan - Penal Code'

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section One
Preliminary Provisions

CHAPTER TWO
Applicability of the Law

PART ONE
Applicability of the Law from the point of view of place and persons

Article 19 :

With the exception of cases inoluded in articles (6 and 7) of this Law, punitive claims cannot be launched against a person who- proves that foreign courts have acquitted him in respect of the crime under reference or that he has been convicted and the final pronouncement has been implemented upon him, or that the punitive claim has been dropped in accordance with the law before the pronouncement of the final judgement or punishment of the convict.

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.