PROCEDURE AND DEFENCES
When previously tried outside Canada
12. (1) If a person is alleged to have committed an act or omission that is an
offence under this Act, and the person has been tried and dealt with outside Canada in
respect of the offence in such a manner that, had they been tried and dealt with in
Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, the
person is deemed to have been so tried and dealt with in Canada.
Exception
(2) Despite subsection (1), a person may not plead autrefois acquit, autrefois
convict or pardon in respect of an offence under any of sections 4 to 7 if the person
was tried in a court of a foreign state or territory and the proceedings in that court
(a) were for the purpose of shielding the person from criminal responsibility; or
(b) were not otherwise conducted independently or impartially in accordance with
the norms of due process recognized by international law, and were conducted in
a manner that, in the circumstances, was inconsistent with an intent to bring the
person to justice.

PROCEDURE AND DEFENCES


12. When previously tried outside Canada

(1) If a person is alleged to have committed an act or omission that is an
offence under this Act, and the person has been tried and dealt with outside Canada in
respect of the offence in such a manner that, had they been tried and dealt with in
Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, the
person is deemed to have been so tried and dealt with in Canada.


12. Exception

(2) Despite subsection (1), a person may not plead autrefois acquit, autrefois
convict or pardon in respect of an offence under any of sections 4 to 7 if the person
was tried in a court of a foreign state or territory and the proceedings in that court

(a) were for the purpose of shielding the person from criminal responsibility; or
(b) were not otherwise conducted independently or impartially in accordance with
the norms of due process recognized by international law, and were conducted in
a manner that, in the circumstances, was inconsistent with an intent to bring the
person to justice.

Crimes Against Humanity and War Crimes Act 2000

12. (1) If a person is alleged to have committed an act or omission that is an offence under this Act, and the person has been tried and dealt with outside Canada in respect of the offence in such a manner that, had they been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so tried and dealt with in Canada.

(2) Despite subsection (1), a person may not plead autrefois acquit, autrefois convict or pardon in respect of an offence under any of sections 4 to 7 if the person was tried in a court of a foreign state or territory and the proceedings in that court

(a) were for the purpose of shielding the person from criminal responsibility; or

(b) were not otherwise conducted independently or impartially in accordance with the norms of due process recognized by international law, and were conducted in a manner that, in the circumstances, was inconsistent with an intent to bring the person to justice.

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.

This provision follows the ICC Statute.