General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 34. Nobody may be convicted for the same offence twice

34.1. Nobody may be convicted for the same offence twice.

34.2. If the public prosecutor or the victim bringing a private prosecution, as the case may be, voluntarily drops the criminal charges in court in the circumstances envisaged by Article 41 of this Code, the same person may not be charged again with the same offence (except where new facts are discovered).

34.3. If a final judgment has been given on the commission of an offence, it shall be prohibited to bring the same criminal prosecution twice for the same offence, to change the charge to a more serious one or to increase the penalty.

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.