Spans in 'Estonia - Criminal Procedure Code' tagged with 'Ne bis in idem

'Ne bis in idem - ICC' in document 'Estonia - Criminal Procedure Code'

Jump to:

More information about the keyword 'Ne bis in idem - ICC'
More information about the document 'Estonia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 1
Extradition of Persons to Foreign States

§ 440. Circumstances precluding or restricting extradition of persons to foreign states

(1) In addition to the cases provided for in § 436 of this Code, extradition of a person to a foreign state is prohibited if :

2) the person has been finally convicted or acquitted on the same charges in Estonia ;

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.