Ne bis in idem

The former Yugoslav Republic of Macedonia

Macedonia - Constitution 1991 (2019) EN

Article 14
No person may be punished for an offence which had not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment had been prescribed. .

No person may be tried in a court of law for an offence for which he/she has already been tried and for which a legally valid court verdict has already been brought

Macedonia - Criminal Code 1996 (2009) EN

GENERAL PART

12. APPLICATION OF THE CRIMINAL LEGISLATURE ACCORDING TO THE PLACE OF PERPETRATION OF THE CRIME

Special conditions of prosecution

Article 120

(1) If in the cases from article 116, the criminal procedure is violated or completed in a foreign country, the prosecution in the Republic of Macedonia shall be initiated only after approval from the Public Prosecutor of the Republic of Macedonia.

(2) In the cases from articles 118 and 119, no prosecution shall be initiated if :

1) the offender has served out the punishment to which he was sentenced abroad ;

GENERAL PART

12. APPLICATION OF THE CRIMINAL LEGISLATURE ACCORDING TO THE PLACE OF PERPETRATION OF THE CRIME

Special conditions of prosecution

Article 120

(2) In the cases from articles 118 and 119, no prosecution shall be initiated if :

3) the offender was acquitted abroad with a sentence that has come into effect, or his punishment has become null and void or it was pardoner ;

Macedonia - Criminal Code 1996 (2018) EN

''Special conditions of prosecution, Article 120 ''
In the cases from articles 118 and 119, no prosecution shall be initiated if:
(1) The perpetrator has served out the punishment to which he was sentenced
abroad

''Special conditions of prosecution, Article 120 ''

3) The perpetrator was acquitted abroad with a sentence that has come into
effect, or his punishment has become null and void or it was pardoned

Macedonia - Criminal Procedure Code 2010 EN

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 5
No one shall be liable to be tried or punished again for an offence for which he has already been tried and a final legally valid verdict has already been brought .

Rome Statute

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.