'Ne bis in idem' in document 'Sudan-The Criminal Act 1991'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
Preliminary Provisions and Enforcement of the Act

Chapter II
Enforcement of the Act

Offences committed outside the Sudan
6. (2) A person who has committed outside the Sudan any of the offences punishable in the Sudan, shall not be punished in the Sudan, where it is proved that such person has been tried outside the Sudan before a competent court and has served his sentence, or that he has been declared innocent by such court.

Part I
Preliminary Provisions and Enforcement of the Act

Chapter II
Enforcement of the Act

Offences committed by a Sudanese

7. A Sudanese who has committed outside the Sudan an act which makes him a principal or joint offender to an offence falling under the provisions of this Act shall be punished when he returns to the Sudan if the act constitutes an offence and also, under the law of the state where the act is done, unless it is proved that such a Sudanese was tried outside the Sudan before a competent court and has served his sentence, or has been found not guilty by such court.

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.