Croatia

Law on the implementation of the Statute of the International Criminal Court and the prosecution of criminal offences against international law of war and humanitarian law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
NE BIS IN IDEM
Article 20
(1) The accused person whose guilt has been decided on by the international Criminal Court may not be tried for the same criminal offence in the Republic of Croatia, nor can a previous national judgment in the same matter be enforced.
(2) At the request of the State Attorney or the accused who has been tried by the International Criminal Court, the judgment of a court in the Republic of Croatia concerning the same criminal offence shall be altered through appropriate implementation of the provisions of the Criminal Procedure Act related to the alteration of judgment in accordance with the rules on the renewal of proceedings.

NO PARALLEL TRIAL
Article 21
(1) No criminal proceedings may be conducted against the same accused person for the same criminal offence simultaneously in the Republic of Croatia and before the International Criminal Court.
(2) When proceedings against the person accused are under way before a court in Croatia, and the International Criminal Court institutes criminal proceedings against the same person for the same criminal offence, the proceedings before the court in Croatia will be suspended upon the surrender of the person accused to the International Criminal Court or when this person otherwise appears before that Court.
(3) When the International Criminal Court commences the proceedings, no proceedings shall be instituted in the Republic of Croatia against the same accused person for the same criminal offence.
(4) If the judgment of a court in the Republic of Croatia has become final, it shall not be enforced, and if the enforcement is under way, it shall be suspended as of the surrender of the person accused to the International Criminal Court, in accordance with the provisions of the Statute.
(5) In the course of suspension of the proceedings before a court in the Republic of Croatia or the suspension of the enforcement neither statute of limitation nor the terms for carrying out of particular process activities shall apply.

Keywords

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



EDIT.