Spans in 'Guyana - Criminal Law (procedure) Act' tagged with 'Ne bis in idem'

'Ne bis in idem' in document 'Guyana - Criminal Law (procedure) Act'

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More information about the keyword 'Ne bis in idem'
More information about the document 'Guyana - Criminal Law (procedure) Act'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III
PROCEEDINGS IN THE COURT

TITLE 8 — PLEADING

Pleas

108. Special pleas allowed to be pleaded.

(1) The following special pleas, and no others, may be pleaded according to the provisions hereinafter contained, that is to say, a plea of autrefois acquit, a plea of autrefois convict, a plea of pardon, and in cases of defamatory libel the plea hereinafter mentioned.

PART III
PROCEEDINGS IN THE COURT

TITLE 8 — PLEADING

Pleas

108. Special pleas allowed to be pleaded.

(3) The plea of autrefois acquit, autrefois convict, and pardon may be pleaded together, and if pleaded shall be disposed of before the accused person is called on to plead further ; and if all those pleas are disposed of against the accused person, he shall be allowed to plead not guilty.

(4) In any plea of autrefois acquit or autrefois convict, it shall be sufficient for the accused person to state that he has been lawfully acquitted or convicted, as the case maybe, of the offence charged m the count or counts to which that plea is pleaded.

PART III
PROCEEDINGS IN THE COURT

TITLE 8 — PLEADING

Pleas

110. Effect where previous offence charged was without aggravation.

(2) A previous acquittal or conviction on an indictment for murder shall be a bar to a second indictment for the same homicide charging it as manslaughter, and a previous acquittal or conviction on an indictment for manslaughter shall be a bar to a second indictment for the same homicide charging it as murder.

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.