For the application of the second paragraph of article L. 823-1 and article L. 823-2, the illegal situation of the foreign national is assessed in the light of the legislation of the State party concerned. Furthermore, proceedings may only be brought against the offender on the basis of an official report or a certificate from the competent authorities of the State party concerned.
No proceedings may be brought against a person who can prove that he or she has been finally tried abroad for the same acts and, in the event of conviction, that the sentence has been served or is time-barred.