Ne bis in idem

Iceland

Iceland - Criminal Code 1940 (2019) EN

Chapter I. Criminal law, scope of criminal law… and more.

[8. gr. a.
A person has now received a criminal conviction in a State where the offense was committed, cf. 2. tölul. Paragraph 1 Article 5, or in a State party to the Convention on the International Validity of Criminal Matters of 28 May 1970 [or international agreements within the Schengen area] 1)and shall not sue him, convict him or enforce sanctions in this country for the same offense for which he was convicted in that state if:
1. he was acquitted,
2. the sanctions imposed have already been enforced, are being enforced them, they have lapsed or have been declared in accordance with the law of the State in which the judgment was given;
3. he has been convicted without a sentence or other sanction having been determined.

Iceland - Criminal Procedure Act 2019 EN

Part 2. Investigations.
Section VII. General rules on investigations.
Article 57
When the police consider that the investigation is complete, and that evidence has been revealed that could lead to a conviction, they shall send the investigation materials to a prosecutor, unless an action may be brought by the commissioner of police himself or herself under the first and fourth paragraphs of Article 24. Together with the investigation materials, the police shall send a report covering the investigation in accordance with the first paragraph of Article 56.
The prosecutor may order that the police take further investigative measures if he or she considers this necessary (cf. the third paragraph of Article 21 and the fourth paragraph of Article 23).
If an investigation against an accused person has been terminated because the case materials were not considered sufficient as the basis for an indictment, then the investigation against the accused shall not be reopened unless new case materials have come to light or are likely to come to light. If an investigation against an accused person has been terminated, the police shall inform the person, who shall be entitled to have this confirmed in writing.

Iceland - Extradition Act 1984 (2016) EN

Chapter I. Conditions for extradition.

Article 8
Extradition is not permitted when the person wanted to be extradited has been convicted or acquitted in this country for the criminal offense in question.

Iceland - Law Implementing the Rome Statute of the International Criminal Court 2001 (2011) EN

''Article 7 Ne bis in idem''

A person will not be charged or convicted in this country for an act for which a judgment
has been handed down by the court.

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.