Spans in 'Samoa: ICC Act' tagged with 'Ne bis in idem

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

14. Pleas of autrofois acquit and convict -

(1) Where a person is alleged to have committed an act which constitutes an offence under sections 5, 6 or 7 and that person has been tried and dealt with by a court in another state outside Samoa in respect of that offence in such a manner that, had the person been tried and dealt with in Samoa for that offence the person would have been able to plead autrofois acquit, autrofois convict or pardon, the person shall be deemed to have been so tried and dealt with.

(2) Notwithstanding anything in subsection (1), a person shall not be deemed to have been dealt with as provided for in that subsection, if the person had been tried and dealt with in a court outside Samoa and the proceedings in such court –

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

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.