Part 1 Basic Provisions

Chapter 1 Basic Principles

Article 4

Ne Bis in Idem

No person shall be tried again for the criminal offense he has been already tried for and for
which the legally binding decision has been rendered.

PART THREE – LEGAL CONSEQUENCES OF THE PROCEEDINGS CONDUCTED BEFORE THE INTERNATIONAL CRIMINAL COURT
Article 13
(Ne bis in idem)
(1) The criminal proceedings for the same criminal offence cannot be initiated in Bosnia and Herzegovina against any person if the proceedings are already being conducted before the International Criminal Court, which were initiated before the criminal proceedings in Bosnia and Herzegovina.
(2) The criminal proceedings cannot be initiated or conducted for the same criminal offence before the International Criminal Court, against the person who was acquitted of charges or convicted in Bosnia and Herzegovina by the final verdict, or with reference to which the Decision was issued about the transfer of the criminal proceedings, except when the requirements under Article 20(3) of the Rome Statute have been met.

PART THREE – LEGAL CONSEQUENCES OF THE PROCEEDINGS CONDUCTED BEFORE THE INTERNATIONAL CRIMINAL COURT
Article 14
(Impossibility of Simultaneous Proceedings)
(1) The criminal proceedings may not be initiated against the same person for the same criminal offence in Bosnia and Herzegovina if the proceedings are already being conducted before the International Criminal Court, which were initiated before the criminal proceedings in Bosnia and Herzegovina.

(2) The criminal proceedings against the same suspect may not be conducted for the same criminal offence in Bosnia and Herzegovina simultaneously with the criminal proceedings conducted before the International Criminal Court.
(3) The proceedings in Bosnia and Herzegovina shall be interrupted if the International Criminal Court has commenced or is already conducting the criminal proceedings against the same suspect for the same criminal offence. The interruption of the proceedings shall run from the date of the transfer of the suspect to the International Criminal Court, or with his appearance before that court in some other way.
(4) If the verdict of the Court of BiH took a legal effect, it shall not be executed and if the execution is underway, it shall be interrupted when the convicted person is transferred to the International Criminal Court in accordance with the provisions of the Rome Statute.
(5) During the interruption of the criminal proceedings or the interruption of the execution of punishment in Bosnia and Herzegovina, the deadlines to undertake individual procedural actions shall not be subject to the statute of limitations.