Ne bis in idem

Latvia

Latvia - Criminal Code 1998 (2013) EN

General Part

Chapter I
General Provisions

Section 1. Basis of Criminal Liability

(5) Nobody shall be tried or punished again for an offence, for which he or she has already been acquitted or punished by an adjudication rendered in accordance with the procedures specified by law and in effect in a criminal case or a case of administrative violation. The abovementioned shall not exclude re-examination of a case in accordance with the law if new evidence or newly established circumstances exist or if significant errors, which could affect the outcome of the case, have been made in the previous proceedings.

Latvia - Criminal Code 1998 (2023) EN

Section 1. Basis of Criminal Liability

(5) Nobody shall be tried or punished again for an offence, for which he or she has already been acquitted or punished by a ruling made in accordance with the procedures laid down in law and in effect in a criminal case or a case of administrative violation. The abovementioned shall not exclude the re-examination of a case in accordance with the law if new circumstances have been found or if significant violation of material or procedural norms, which could affect the outcome of the case, has been made in the previous proceedings.

Section 4. Applicability of the Criminal Law Outside the Territory of Latvia

(4) Foreigners who do not have a permanent residence permit in the Republic of Latvia and who have committed a criminal offence in the territory of another state or outside the territory of any state, in the cases provided for in international agreements binding upon the Republic of Latvia, irrespective of the laws of the state in which the offence has been committed, shall be held liable in accordance with this Law, if they have not been held criminally liable for such offence or committed to stand trial in the territory of another state.

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 25. Inadmissibility of Double Jeopardy (ne bis in idem)
(1) Nobody shall be tried or punished again for an offence for which he or she has already been acquitted or punished in Latvia or in a foreign country by a ruling made in accordance with the procedures laid down in law and in effect in a criminal case or an administrative offence case.

Section 377. Circumstances that Exclude Criminal Proceedings

The initiation of criminal proceedings shall not be permitted, and initiated criminal proceedings shall be terminated, if:

6) a judgment, or a decision of the person directing the proceedings, on termination of criminal proceedings in the same prosecution against a person who has previously been held criminally liable regarding the same criminal offence has entered into effect;

Section 697. Reasons for a Refusal to Extradite a Person

(1) The extradition of a person may be refused, if:

3) a decision has been taken in Latvia to not commence, or to terminate, criminal proceedings regarding the same criminal offence;

Section 697. Reasons for a Refusal to Extradite a Person

(2) The extradition of a person shall not be admissible, if:

3) a court ruling has entered into effect in Latvia in relation to the person regarding the same criminal offence;

Section 726. Reasons for the Rejection of a Request for the Takeover of Criminal Proceedings

(1) The takeover of criminal proceedings shall not be admissible, if:

4) a final ruling has been made in Latvia regarding the same offence;

Section 900. Reasons for a Refusal to Transfer a Person

The transfer of a person to an international court shall not be admissible in cases where one of the reasons exist that are referred to in Section 697, Paragraph one, Clauses 2 and 3 and Paragraph two, Clauses 3, 4, and 5 of this Law.

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.