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Article Comparison - European Convention on the Transfer of Proceedings in Criminal Matters

Part V
Ne bis in idem

Article 35

1. A person in respect of whom a final and enforceable criminal judgment has been rendered may for the same act neither be prosecuted nor sentenced nor subjected to enforcement of a sanction in another Contracting State:

a. if he was acquitted;

b. if the sanction imposed:

i. has been completely enforced or is being enforced, or

ii. has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or

iii. can no longer be enforced because of lapse of time;

c. if the court convicted the offender without imposing a sanction.

2. Nevertheless, a Contracting State shall not, unless it has itself requested the proceedings, be obliged to recognise the effect of ne bis in idem if the act which gave rise to the judgment was directed against either a person or an institution or any thing having public status in that State, or if the subject of the judgment had himself a public status in that State.

3. Furthermore, a Contracting State where the act was committed or considered as such according to the law of that State shall not be obliged to recognise the effect of ne bis in idem unless that State has itself requested the proceedings.