'Ne bis in idem - State's own court' in document 'Ethiopia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE I

CRIMINAL LAW AND ITS SCOPE

CHAPTER II

SCOPE OF APPLICATION OF THE LAW

Section II.- Conditions as to Place

Sub-section I.- Principal Application

Article 16.- Effect of Foreign Sentences.

(1) Where a -criminal who is subject to Ethiopia's principal jurisdiction (Arts. 11,13,14 (1) and 15 (2)) haS been sentenced in a foreign country, he may be tried and sentenced again on the same charge in Ethiopia, if he is found in Ethiopia or was extradited to it.

(2) His discharge or acquittal in a foreign country shall be no bar to a fresh trial or sentence being passed in Ethiopia in accordance with this Code .

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.