PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Legal certainty in criminal law
Article 34

No person may be prosecuted or sentenced for a criminal offence for which he has been acquitted or convicted by a final judgement, for which the charges have been rejected or criminal proceedings dismissed by final judgement, nor may court ruling be altered to the detriment of a person charged with criminal offence by extraordinary legal remedy. The same prohibitions shall be applicable to all other proceedings conducted for any other act punishable by law.

GENERAL PART

CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Applicability of Criminal Legislation on the Territory of Serbia
Article 6

(4) If criminal proceedings have been instituted or concluded in a foreign country in respect of cases specified in paragraphs 1 through 3 of this Article, criminal prosecution in Serbia shall be undertaken only with the permission of the Republic Public Prosecutor.

GENERAL PART

CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Special Requirements for Criminal Prosecution for Offences Committed Abroad
Article 10

(1) In cases referred to in Articles 8 and 9 hereof, criminal prosecution shall not be undertaken if :

1) the offender has fully served the sentence to which he was convicted abroad ;
2) the offender was acquitted abroad by final judgement or the statute of limitation has set in respect of the punishment, or was pardoned ;

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES


Ne bis in idem after the final decision of the court
Article 6
(1) No person shall be prosecuted and sanctioned for a criminal offence for which he has already been acquitted or convicted by a final judgment or for which criminal proceedings has been discontinued by a final decision or the charges has been denied by a final decision.
(2) In the criminal proceedings instituted upon the extraordinary judicial remedy a final court judgment cannot be revised to the prejudice of the defendant.

Part III
SPECIAL PROCEEDINGS

Chapter XXXV
PROCEEDINGS FOR EXTRADITION OF DEFENDANTS AND SENTENCED PERSONS

Preconditions for extradition
Article 517
(1) Preconditions for extradition shall be the following:

5) that the foreigner whose extradition is requested has not already been sentenced by a domestic court for the same offense or acquitted for the same offense by a final judgment rendered by the domestic court, except when the conditions specified in the present Code for reopening of criminal proceedings are met, or that against the foreigner, for the same offense committed against the Republic of Serbia, criminal proceedings have not been instituted in the Republic of Serbia, and if proceedings have been instituted for an offense committed against a citizen of Serbia and Montenegro - that a security for a claim for indemnification of the injured person is given;

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Ne bis in idem

Article 4

No one may be prosecuted in connection with a criminal offence for which he has been acquitted or convicted by a final decision of a court, or for which the indictment has been denied by a final decision, or where the proceedings have been discontinued by a final decision.

A final court decision may not be revised to the detriment of the defendant.