Canada

Crimes Against Humanity and War Crimes Act (2000)

PROCEDURE AND DEFENCES
When previously tried outside Canada
12. (1) If a person is alleged to have committed an act or omission that is an
offence under this Act, and the person has been tried and dealt with outside Canada in
respect of the offence in such a manner that, had they been tried and dealt with in
Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, the
person is deemed to have been so tried and dealt with in Canada.
Exception
(2) Despite subsection (1), a person may not plead autrefois acquit, autrefois
convict or pardon in respect of an offence under any of sections 4 to 7 if the person
was tried in a court of a foreign state or territory and the proceedings in that court
(a) were for the purpose of shielding the person from criminal responsibility; or
(b) were not otherwise conducted independently or impartially in accordance with
the norms of due process recognized by international law, and were conducted in
a manner that, in the circumstances, was inconsistent with an intent to bring the
person to justice.

Keywords

Ne bis in idem - State's own court



EDIT.