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If judgment has already been passed for the same conduct.
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26.—(1) Subject to subsection (2), a person shall not be surrendered under this Act where—
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(a) final judgment has been passed in the State or in another state on that person in respect of an offence, and
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(b) the conduct constituting the offence also constitutes the international tribunal crime for which his or her surrender is requested.
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(2) The surrender of a person is not prohibited by this section where—
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(a) the final judgment was passed in another state by a court or a tribunal other than a military tribunal established under the law of the State, and
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(b) the international tribunal requesting the surrender satisfies the Minister—
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(i) that the proceedings in the other state were not impartial or independent or were designed to shield the person from international criminal responsibility, or
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(ii) that the case was not diligently prosecuted.
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