PART I
Introductory

Chapter 3. DOUBLE JEOPARDY

§3.1 .Cases in which and time when jeopardy attaches.

The doctrine of double jeopardy shall be applicable to all criminal prosecutions. Jeopardy attaches when a person has been placed on trial before a court of competent jurisdiction under a valid indictment or complaint upon which he has been arraigned and to which he has pleaded, and a proper jury has been impaneled and sworn to try the issue raised by the plea or, if the case is properly being tried by a court without a jury, after the court has begun to hear evidence thereon. Termination of the trial thereafter by the court because of manifest necessity, however, shall not bar another prosecution for the offenses set for the in the indictment or complaint.

PART I
Introductory

Chapter 3. DOUBLE JEOPARDY

§3.2. Effect on further prosecutions of an acquittal or other discharge on the merits, and of a conviction.

When a defendant is acquitted or otherwise discharged on the merits upon an indictment or other charge, or is convicted thereon for any offense, or during trial the prosecution thereof is improperly
terminated, he cannot thereafter be indicted or otherwise charged and tried in the following cases :

(a)For the same offense or any degree thereof ;
(b)For an attempt to commit the offense so charged or any degree thereof ;
(c)For any offense based on any act set for the in the indictment or other charge, or arising from any practice, transaction, or episode set for the therein, including any act comprising a part thereof, or two or more such connected together or constituting parts of a common scheme or plan.

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.