Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 3. – Application of the Criminal Law.

16. PERSON NOT TO BE PUNISHED TWICE FOR SAME OFFENCE.

(1) Subject to Subsection (2), a person cannot be punished twice under the provisions of this Code or under the provisions of any other law for the same act or omission.

(2) Subsection (1) does not apply where an act or omission is such that by means of it the offender causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing the death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.

17. FORMER CONVICTION OR ACQUITTAL.

It is a defence to a charge of any offence to show that the accused person has already
been–

(a) tried and convicted or acquitted, on an indictment on which he might have been convicted of the offence with which he is charged ; or
(b) acquitted on indictment, or convicted, of an offence of which he might be convicted on the indictment or complaint on which he is charged.

Keywords

Ne bis in idem
Ne bis in idem - State's own court



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