Admissibility challenge - ne bis in idem

Guyana

Guyana - Criminal Law (procedure) Act 1894 (1998) EN

PART III
PROCEEDINGS IN THE COURT

TITLE 8 — PLEADING

Pleas

108. Special pleas allowed to be pleaded.

(1) The following special pleas, and no others, may be pleaded according to the provisions hereinafter contained, that is to say, a plea of autrefois acquit, a plea of autrefois convict, a plea of pardon, and in cases of defamatory libel the plea hereinafter mentioned.

PART III
PROCEEDINGS IN THE COURT

TITLE 8 — PLEADING

Pleas

108. Special pleas allowed to be pleaded.

(3) The plea of autrefois acquit, autrefois convict, and pardon may be pleaded together, and if pleaded shall be disposed of before the accused person is called on to plead further ; and if all those pleas are disposed of against the accused person, he shall be allowed to plead not guilty.

(4) In any plea of autrefois acquit or autrefois convict, it shall be sufficient for the accused person to state that he has been lawfully acquitted or convicted, as the case maybe, of the offence charged m the count or counts to which that plea is pleaded.

PART III
PROCEEDINGS IN THE COURT

TITLE 8 — PLEADING

Pleas

108. Special pleas allowed to be pleaded.

(5) Every special plea shall be in writing, and shall be filed with the Registrar not less than twenty-four hours before the arraignment of the accused person.

Rome Statute

Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case

2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:

(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;

(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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.

Article 89 Surrender of persons to the Court

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.