Admissibility challenge - ne bis in idem

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 697. Reasons for a Refusal to Extradite a Person

(1) The extradition of a person may be refused, if:

3) a decision has been taken in Latvia to not commence, or to terminate, criminal proceedings regarding the same criminal offence;

Section 697. Reasons for a Refusal to Extradite a Person

(2) The extradition of a person shall not be admissible, if:

3) a court ruling has entered into effect in Latvia in relation to the person regarding the same criminal offence;

Section 753. Inadmissibility of Double Trial

A sentence imposed in a foreign country shall not be executed in Latvia, if a person convicted in the foreign country has served a sentence imposed in Latvia or a third country for the same offence, has been convicted without determination of a sentence, has been released by amnesty or clemency or has been acquitted for the same offence.

Section 900. Reasons for a Refusal to Transfer a Person

The transfer of a person to an international court shall not be admissible in cases where one of the reasons exist that are referred to in Section 697, Paragraph one, Clauses 2 and 3 and Paragraph two, Clauses 3, 4, and 5 of this Law.

Rome Statute

Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case

2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:

(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;

(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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, 8 or 8 bis 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.

Article 89 Surrender of persons to the Court

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.