'Ne bis in idem' in document 'Bahamas - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

77. A person who has been once tried by a court of competent jurisdiction for an offence and acquitted or convicted of such offence, while such acquittal or conviction has not been reversed or set aside, shall not be liable to be tried again on the same facts for the same offence.

CHAPTER 91

PART VI
PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

157. (1) The following special pleas, and no others, may be pleaded, that is to say, a plea of autrefois acquit, a plea of autrefois convict, a plea of pardon, and such plea of justification in cases of defamatory libel as is hereafter in this Code mentioned.

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.