Ne bis in idem

Estonia

Estonia - Constitution 1992 (2015) EN

Chapter II
Fundamental Rights, Freedoms and Duties

§ 23.

No one may be prosecuted or sentenced for a second time for an act in respect of which he or she has been the subject of a final conviction or acquittal pursuant to the law.

Estonia - Criminal Procedure Code 2003 (2020) EN

Chapter 8PRE-COURT PROCEDURE

Division 1Commencement and Termination of Criminal Proceedings

§ 199. Circumstances precluding criminal proceedings
(1) Criminal proceedings shall not be commenced if:
5) a decision or an order on termination of criminal proceedings has entered into force in respect of the person on the same charges on the grounds provided for in § 200 of this Code;
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 1Extradition of Persons to Foreign States

§ 440. Circumstances precluding or restricting extradition of persons to foreign states
(1) In addition to the cases provided for in § 436 of this Code, extradition of a person to a foreign state is prohibited if:
2) the person has been finally convicted or acquitted on the same charges in Estonia;

Estonia - Penal Code 2001 (2020) EN

Part 1 GENERAL PART
Chapter 1 GENERAL PROVISIONS

§ 2. Basis for punishment
(3) No one shall be punished more than once for the same offence, regardless of whether the punishment is imposed in Estonia or in another state.

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.