'Ne bis in idem' in document 'Bangladesh - Code of Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

A.—Place of Inquiry or Trial

188 Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Bangladesh except with the sanction of the Government:

Provided, also, that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Bangladesh shall be a bar to further proceedings against him under the Extradition Act, 1974, in respect of the same offence in any territory beyond the limits of Bangladesh.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XXX - OF PREVIOUS ACQUITTALS OR CONVICTIONS

403.(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 236, or for which he might have been convicted under section 237.

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.