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

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PROVISIONS

CHAPTER II
VALIDITY OF A CRIMINAL LAW

Article 8. Criminal Liability for the Crimes Committed Abroad

2. A person who has committed the crimes provided for in Articles 5, 6, and 7 of the Criminal Code of the Republic of Lithuania shall not be held liable under this Code where he :

1) has served the sentence imposed by a foreign court ;
2) has been released from serving the entire or a part of the sentence imposed by a foreign court ;
3) has been acquitted or released from criminal liability or punishment by a foreign court’s judgement, or no penalty has been imposed by reason of the statute of limitation or on other legal grounds provided for in that state.

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.