Ne bis in idem

Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 83
Additional conditions governing permissibility

(1)  Extradition is not permissible if
1. final judgment has already been passed upon the person pursued in another Member State for the same offence which gave rise to the request, provided that, in the event of conviction, the sanction has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state,

Section 84b
Additional conditions governing permissibility

(1)  Enforcement is not permissible if
3. the sentenced person
a) has already had final judgment passed upon him or her in a Member State other than that in which judgment was delivered against him or her for the same offence which led to the judgment and
b) has been sentenced and the sanction imposed has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state or

Germany - Basic Law 1949 (2019) EN

IX. The Judiciary

Article 103
[Fair trial]
(3) No person may be punished for the same act more than once under the general criminal laws.

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.