Common use of Relation to Other Procedures Clause in Contracts

Relation to Other Procedures. All of these provisions open the door for a potential interaction between formal criminal justice and traditional and other communal justice mechanisms. Such mechanisms can come in at any stage of the criminal justice process: pre- investigations, formal investigations, prosecutions, determination of guilt, determination of sentencing, serving of sentence and after finished sentence. If they come in early during the process, they will wholly or partially substitute for formal criminal justice – which is not envisaged for the most serious crimes – and if they come in late, during the sentencing stage, they will complement. It is beyond the scope of this article to explore this, however.91 Another important issue is “ne bis in idem”, or double jeopardy, which means that one should not be tried for the same crime twice. That provision is often conditional. In Swedish law, for instance, it is possible to reopen a case for a new trial if new evidence surfaces, even if the accused has already been acquitted. Under the Constitution of Uganda, “[a] person who shows that he or she has been tried by a competent court for a criminal offence and convicted or acquitted of that offence shall not again be tried for the offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence,” with the exception of appeal or review proceedings.92 In the Rome Statute, the “ne bis in idem” provision is conditioned on the earlier proceeding being genuine.93 This is dealt with in the potentially quite problematic Clause 3.10 of the Agreement, which will be analysed more fully in section VIII.