Ne bis in idem

Costa Rica

Costa Rica - Constitution 1949 (2020) EN

Title 1 The Republic

Article 42

One same judge may not be in several instances to decide on one same point. No one may be judged more than one time for the same punishable act.

It is prohibited to reopen closed penal causes and trials decided with force of [the] thing judged [autoridad de cosa juzgada/res judicata], except when the recourse of revision proceeds.

Costa Rica - Criminal Procedure Code 1996 (2020) ES

ARTICULO 11.-


Unica persecución Nadie podrá ser juzgado penalmente más de una vez por el mismo hecho.
Ficha articulo

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.