Spans in 'Tanzania - Criminal Procedure Act' tagged with 'Ne bis in idem'

'Ne bis in idem' in document 'Tanzania - Criminal Procedure Act'

Jump to:

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
INSTITUTION OF PROCEEDINGS

B. – Proceedings

(c) Previous Conviction or Acquittal

137. A person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence.

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT

(d) Arraignment

280.-(1) Any accused person upon whom an information is filed may plead–

(a) that he has been previously convicted or acquitted, as the case may be, of the same offence; or
(b) that he has obtained a pardon at law for his offence.

(2) If either of any plea referred to in subsection (1) is pleaded in any case and disputed by the prosecution to be true in fact, the court shall try whether such plea is true in fact or not.

(3) If the court holds that the facts alleged by the accused do not prove the plea, or finds that it is false in fact, the accused shall be required to plead to the information.

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.