Ne bis in idem

Kosovo

Kosovo - Constitution 2008 (2016) EN

''Chapter II: Fundamental Rights and Freedoms, Article 34: Right not to be Tried Twice for the Same Criminal Act ''

No one shall be tried more than once for the same criminal act.

Kosovo - Criminal Procedure Code (2022)

PART ONE GENERAL PROVISIONS
CHAPTER I FUNDAMENTAL PRINCIPLES AND DEFINITIONS
Article 4
Ne Bis in Idem
1. No one may be prosecuted and convicted of a criminal offense for which he has been
acquitted or for which he has been convicted by a final court decision, respectively if the criminal
proceedings against him have been terminated by a final decision of a court or the indictment
has been rejected by a final court decision.
2. A final decision of a court may be reversed through extraordinary legal remedies, except
when otherwise provided by this Code.
3. Articles 1 and 2 of the Criminal Code shall be applied mutatis mutandis.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XX JUDGMENT
SUB – CHAPTER II TYPES OF JUDGMENTS
Article 362
Rejection Judgment
1. The court renders a judgment rejecting the charge, if:
1.1. the state prosecutor withdraws the charge during the period from the opening until
the conclusion of the main trial;
1.2. the accused was previously convicted or acquitted of the same offense under a final
judgment;
1.3. the period of statutory limitation has expired, an amnesty or pardon covers the act,
or there are other circumstances which bar prosecution; or
1.4. the injured party withdraws the motion for criminal offense not prosecuted ex officio,
unless the court has evidence that the decision to withdraw has been unduly influenced
by a third party.

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.