'Ne bis in idem' in document 'Greece- Adaptation of internal law to ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

I. PROCEDURAL PROVISIONS

Art. 17
Ne bis in idem

If a person has been irrevocably tried by the International Criminal Court (ICC), he/she shall not be subject to a new prosecution for the same act, even under a different legal characterization. In case of initiation of criminal proceedings, they shall be discontinued as null and void according to the ne bis in idem rule.

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.