Spans in 'Sierra Leone - Criminal Procedure Act' tagged with 'Ne bis in idem

'Ne bis in idem - State's own court' in document 'Sierra Leone - Criminal Procedure Act'

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More information about the keyword 'Ne bis in idem - State's own court'
More information about the document 'Sierra Leone - Criminal Procedure Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I – GENERAL PROVISIONS PROCEDURE

PREVIOUS ACQUITTAL OR CONVICTION

47. A person, who has been once tried for an offence and convicted or acquitted of such offence, shall not be liable to be tried against on the same facts for the same offence or any other offence of which he could have been lawfully convicted at the first trial, unless a retrial is ordered by a Court having power to do so.

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.