Article 4.48 Prevention of Denial of Justice and Abuse of Process
(a) No matter arising within, connected to, or properly subject to the ICT legal framework shall be left without a competent court, tribunal, prosecutorial authority, or dispute resolution mechanism solely by reason of jurisdictional or competence ambiguity.
(b) In criminal matters, no person shall be subjected to parallel or successive prosecutions based on the same facts where such proceedings would constitute an abuse of process.
(c) Pending final allocation of jurisdiction or competence, the ICT Court may exercise provisional or protective jurisdiction where necessary to prevent irreparable harm, preserve evidence, preserve rights, or prevent evasion of justice, subject to the ICT Establishment Law, applicable Host Country legislation, the ICT Contractual Arrangements, and Part 5.
(d) Any provisional measures taken under this Article shall be without prejudice to the final allocation of jurisdiction or prosecutorial competence.
(1) No matter shall be left without a competent court or prosecutorial authority solely as a result of jurisdictional or competence ambiguity.
(2) In criminal matters, no person shall be subjected to parallel or successive prosecutions based on the same facts where such proceedings would constitute an abuse of process.
(3) Pending a determination under Article 4.47, the IC Court may exercise provisional or protective jurisdiction where necessary to:
(a) prevent irreparable harm;
(b) preserve evidence; or
(c) prevent evasion of justice.
(4) Any provisional measures taken under this Chapter shall be without prejudice to the final allocation of jurisdiction or prosecutorial competence.
- Section
- 4.48
- Effective date
- 2026-04-25