Spans in 'Seychelles - Constitution' tagged with 'Ne bis in idem

'Ne bis in idem - State's own court' in document 'Seychelles - Constitution'

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER III

PART I

SEYCHELLOIS CHARTER OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 19

5. A person who shows that the person has been tried by a competent court for an offence and either convicted or acquitted shall not be tried again for that offence or for any other offence of which the person could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

6. A person shall not be tried for an offence if the person shows that the person has been pardoned for that offence in accordance with an Act made pursuant to Article 60(2).

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.