Ne bis in idem

Georgia

Georgia - Constitution 1995 (2018) EN

Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
No one shall be convicted again for the same crime.

Georgia - Criminal Procedure Code 1998 (2022) EN

Article 18 – Impermissibility of repeated arrest, accusation and conviction (double jeopardy)
1. A person may not be arrested repeatedly based on the same evidence and/or the same information.
2. A person may not be charged with and/or convicted of a crime for which he/she once already been acquitted or convicted.

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 2 Provision of legal assistance in criminal cases

Article 12 - Reasons for denying a request for legal assistance

Legal assistance shall not be provided if:

f. the execution of a request for legal assistance may lead to the violation of the non bis in idem principle.

Chapter 3 Extradition

Article 26

Non bis in idem principle

A person may not be extradited if:

a. the Georgian court has delivered a judgement with respect to the crime for which the person's extradition is requested;

b. the relevant Georgian authorities have made a final decision on discontinuing the prosecution for the crime for which the person's extradition is requested.

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.