Section 2 Criminal Case
Chapter 2 Dismissal of a Criminal Case and Punishments
Reasons for Dismissal:
Article 71:
Criminal cases and punishments shall be dismissed or stopped for the following reasons:
6– In case the person has been previously tried for the same crime and a final decision was issued in connection to him/her.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 2 Values of Absolute Decisions of the Courts
Prohibition of Repeated Trials
Article 295:
After issuing an absolute decision in a criminal case, the convicted person cannot be tried again due to the appearance of new reasons or evidence or due to change in the legal characteristics of the same crime.
Chapter 2 Extradition
Article Eleven
Requirements for accepting the request
(1) A request for extradition of an accused to be investigated or tried will be accepted for consideration under the following requirements:
e. Avoiding double jeopardy for the individual whose extradition is requested, based on a final verdict of the court in relation to the crime committed.
Chapter 2 Extradition
Article Twenty Five
Rejection of Extradition Request
(1) The High Council of the Supreme Court may not issue an order of extradition when:
b. An Afghan court [has already] issued a final verdict on the crime which forms the basis for the extradition request.
Chapter One General Provisions
Article 10.
Prohibition against Retrial for a Single Criminal Act
No person can be tried a second time for a single criminal act.
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.