Samoa

International Criminal Court Act 2007, No.26

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

14. Pleas of autrofois acquit and convict -

(1) Where a person is alleged to have committed an act which constitutes an offence under sections 5, 6 or 7 and that person has been tried and dealt with by a court in another state outside Samoa in respect of that offence in such a manner that, had the person been tried and dealt with in Samoa for that offence the person would have been able to plead autrofois acquit, autrofois convict or pardon, the person shall be deemed to have been so tried and dealt with.

(2) Notwithstanding anything in subsection (1), a person shall not be deemed to have been dealt with as provided for in that subsection, if the person had been tried and dealt with in a court outside Samoa and the proceedings in such court –

(a) were for the purpose of shielding that person from criminal liability; or
(b) were not otherwise conducted independently or impartially in accordance with the norms of due process recognised by international law, and conducted in a manner that, in the circumstances, was inconsistent with an intention to bring the person to justice.

Keywords

Complementarity
Ne bis in idem - foreign court
Ne bis in idem - ICC
Ne bis in idem - other international court or tribunal
Ne bis in idem - State's own court
Pardon



EDIT.