Ne bis in idem

Moldova, Republic of

Moldova - Criminal Code 2002 (2009) EN

GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 7. Principle of Individualization of Criminal Liability and Criminal Punishment

(2) No person can be twice subjected to criminal investigation and criminal punishment for one and the same act.

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 22. Inadmissibility of Repeated Prosecution, Trial or Punishment

(1) No one may be prosecuted by criminal investigative bodies, tried or punished by the court several times for the same crime.

(2) A person must be discharged or a criminal investigation must be terminated to prevent pressing repeated charges against the same person for the same act except in cases when new or recently discovered facts come to light or if a fundamental breach of justice in the previous proceeding affected the respective judgment.

(3) The decision of the criminal investigative body to discharge a person or to terminate criminal investigations, and the final court judgment shall prevent from resuming the criminal investigation pressing more severe charges or setting a more severe punishment for the same person and for the same act except for cases when new or recently discovered facts come to light or a fundamental breach in the previous proceeding affected the judgment issued.

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.