'Ne bis in idem' in document 'Iceland - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter I. Conditions for Authority of Penalties, Sphere of Application of Penal Law et al.


Art. 8 a.

A person who has been sentenced in a State where his/her offence was committed, cf. Art. 5, para.1, clause 2, or in a State being party to the Convention on the International Validity of Criminal Judgments of 28 May 1970 or international agreements applying to the Schengen co-operation shall not be indicted or sentenced in Iceland, or any sentence enforced against such person on account of the offence in respect of which Judgment was rendered in that State, if

1. the person was acquitted ;
2. the sanctions ordered have already been enforced, these are being enforced, have been cancelled or abandoned in accordance with the Law of the State where the Judgment was rendered ;
3. the person has been found guilty without a penalty or other sanctions having been ordered.

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.