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

'Ne bis in idem' in document 'Tuvalu - Constitution'

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More information about the keyword 'Ne bis in idem'
More information about the document 'Tuvalu - Constitution'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
22 Protection of Law
(8) Subject to subsection (14)(c), no-one who shows that he has been tried for an offence by a competent court and was either —
(a) convicted; or
(b) acquitted,
shall again be tried for —
(c) the same offence; or
(d) any other offence of which he could have been convicted at the trial of that offence,
except on the order of a superior court in the course of appeal or review
proceedings relating to the conviction or acquittal.
(9) No-one shall be tried for an offence if he shows that —
(a) he has been pardoned for the offence; and
(b) if the pardon was a conditional pardon, he has complied with the conditions of the pardon.

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

22 Protection of law

(8) an offence by a competent court and was either —

(a) convicted; or
(b) acquitted,

shall again be tried for —

(c) the same offence; or
(d) any other offence of which he could have been convicted at the trial of that offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(9) No-one shall be tried for an offence if he shows that —

(a) he has been pardoned for the offence; and
(b) if the pardon was a conditional pardon, he has complied with the conditions of the pardon.

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.