Spans in 'Sweden: ICC Cooperation Act' tagged with 'Ne bis in idem

'Ne bis in idem - State's own court' in document 'Sweden: ICC Cooperation Act'

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More information about the keyword 'Ne bis in idem - State's own court'
More information about the document 'Sweden: ICC Cooperation Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PROCEDURAL IMPEDIMENTS

SECTION 16
Prosecution and criminal proceedings in Sweden for an act may not take place
1. if the issue of liability for the act has been considered by the International Criminal Court,
2. if the Court has decided that the issue of liability for the act should be considered by the Court although a Swedish preliminary investigation or prosecution is in progress, or
3. if the Court has applied for the person in question to be surrendered to the Court on the grounds of the act and the application has not been refused.

ADMISSION AND ENFORCEMENT OF RULINGS FOR REPARATIONS TO VICTIMS OF CRIME

SECTION 29
A ruling concerning reparations to victims of crime made by the International Criminal Court and which has entered into final force, applies in Sweden and shall upon application be enforced here, unless otherwise prescribed by the second paragraph.

Such ruling does not apply in Sweden and may not be enforced here

2. if a ruling that has entered into final force concerning the same matter has been made in Sweden before such time.

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.