II. PROSECUTION IN REPUBLIC OF CROATIA

JURISDICTION OF THE CROATIAN COURTS AND OTHER AUTHORITIES
Article 10

(2) In addition to the perpetrators referred to in paragraph 1 of this Article, other perpetrators shall also be prosecuted in the Republic of Croatia regardless of the place where they were committed or the nationality of the perpetrator if the perpetrator is arrested in the Republic of Croatia or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or the conditions for the conducting of procedure against the perpetrator before the International Criminal Court, court of the state in which the criminal offence was committed, court of the state whose national is the perpetrator or any other court competent and before which it may be expected the conducting of fair trail do not exists.

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
RESUMPTION OF PROCEEDINGS IN THE REPUBLIC OF CROATIA
Article 22
(1) The criminal proceedings conducted before the court in the Republic of Croatia and suspended to enable the proceedings before the International Criminal Court may be resumed before the competent court of the Republic of Croatia if the International Criminal Court has not decided on the guilt of the person accused for one or more criminal offences for which criminal proceedings were conducted in the Republic of Croatia. In this case a final judgment of the court in the Republic of Croatia may be enforced, or the suspended enforcement of the judgment continued, and the criminal prosecution that may have been prevented by the proceedings conducted before the International Criminal Court may be instituted.
(2) When the judgment of the International Criminal Court only includes some of the criminal offences for which there is a final judgment of a court in the Republic of Croatia, the court of the Republic of Croatia shall alter its sentence with regard to punishment, implementing on the appropriate manner the provisions of the Criminal Procedure Act related to the alteration of the judgment in accordance with the rules on the renewal of proceedings.

V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT

ASSIGNMENT OF PROCEEDINGS BY THE INTERNATIONAL CRIMINAL COURT
Article 28

(1) In the case when the International Criminal Court, in accordance with its Statute and the Rules on procedure and evidence assigns the criminal prosecution of particular case to the Republic of Croatia, the State Attorney shall undertake the criminal prosecution before the competent court taking as the foundation for the accusation the fact on which the indictment before the International Criminal Court was based.
(2) The proceedings in the Republic of Croatia shall be conducted with the implementation of national substantive criminal law and criminal procedure.
(3) Exceptionally, the State Attorney based on the evidence acquired from the International Criminal Court may set up the indictment without conducting of investigation and the consent of the investigating judge.
(4) Evidence gathered by the bodies of the International Criminal Court may be used in the criminal proceedings in the Republic of Croatia subject to conditions that they were taken in the manner prescribed by the Statute and the Rules on procedure and evidence of the International Criminal Court and may be used before that Court. The existence or nonexistence of facts that need to be proved by the mentioned evidences the Croatian court shall evaluate in accordance with the Article 9 of the Criminal Procedure Act.
(5) The Government may enter into special agreement with the International Criminal Court that shall govern particular issues in the competence of the Government in the course of assignment of procedure.
(6) Representatives of the International Criminal Court shall be enabled to attend the proceedings in all its phases and shall be given all the necessary information with regard to the course of proceedings.

III. NOTIFICATION TO THE PROSECUTOR AND PROCEDURES UPON THE PROSECUTOR'S NOTIFICATION

ACTION OF THE STATE ATTORNEYS AND OTHER COMPETENT STATE AUTHORITIES
Article 19

(1) Upon receipt of the notification referred to in Article 18 paragraph 1 of this Law, the State Attorney General of the Republic of Croatia and other competent state authorities, unless a legal proceedings to this effect is already under way in the Republic of Croatia, shall according to the law take urgent action to determine if there is a reasonable basis that the particular person committed a criminal offence referred to in Article 5 of the Statute and conduct necessary investigation and report without delay to the Government on the action thus taken.
(2) Within one month as of the receipt of the notification the Government shall notify the Prosecutor if the criminal prosecution is under way in the Republic of Croatia.
(3) If the criminal prosecution has been commenced in the Republic of Croatia, the Government may request the International Criminal Court to have case investigation referred to it.
(4) If the Pre-Trial Chamber of the International Criminal Court, in spite of the readiness to conduct criminal proceedings in the Republic of Croatia, authorizes the Prosecutor to commence investigation, the Republic of Croatia may file a complaint in accordance with the Statute and the Rules of Procedure and Evidence.
(5) The State Attorney General shall regularly report to the Government on actions taken and procedures conducted and the Government shall pass on such information to the Prosecutor, if necessary or upon its request.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 10

(1) Crimes committed in the Republic of Croatia, crimes committed by the Croatian nationals and the crimes the victims of which are the Croatian nationals shall be prosecuted in the Republic of Croatia and brought before a competent Croatian court.

(2) In addition to the crimes specified in the foregoing paragraph, other crimes shall also be prosecuted in the Republic of Croatia, regardless of the place where they were committed or the nationality of the suspect, if the suspect is arrested in or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or if the respective suspect for one reason or another cannot be tried before the International Criminal Court or a court of the state where the crime was committed, a court of the state of the suspect's residence or another competent court from which a fair trial can be expected.

(3) By way of derogation from paragraph 1 of this article, no crime shall be prosecuted in the Republic of Croatia if already prosecuted by the International Criminal Court, and such a case shall be referred to the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

III. NOTIFICATION T O THE PROSECUTOR AND ACTION T O BE TAKEN UPON THE PROSECUTOR'S NOTIFICATION

Article 18

(1) When the Prosecutor notifies the Republic of Croatia that there would be a reasonable basis to commence an investigation for a crime defined in Article 5 of the Statute and that the component Croatian authorities may exercise jurisdiction over the crime concerned, the Government of the Republic of Croatia shall notify thereon the Public Attorney General.

(2) If the notification referred to in the foregoing paragraph is confidential, its content shall be treated as an official secret by any state authorities or persons to which or to whom this content has been brought to notice.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

III. NOTIFICATION T O THE PROSECUTOR AND ACTION T O BE TAKEN UPON THE PROSECUTOR'S NOTIFICATION

Article 19

(1) Upon receipt of the notification referred to in Article 18, paragraph 1 of this Law, the Public Attorney General and other competent state authorities, unless a legal procedure to this effect is already under way in the Republic of Croatia, shall take urgent action to determine if there is a reasonable basis to proceed under the notification, conduct required investigation and report without delay to the Government of the Republic of Croatia on the action thus taken.

(2) Within one month following the receipt of the notification the Government of the Republic of Croatia shall notify the Prosecutor if the requested criminal prosecution is under way in the Republic of Croatia.

(3) If the criminal prosecution has been commenced in the Republic of Croatia, the Government of the Republic of Croatia may request the International Criminal Court to have the case concerned referred to it.

(4) If the Pre-Trial Chamber of the International Criminal Court, in spite of the readiness to conduct criminal proceedings in the Republic of Croatia, authorises the Prosecutor to commence investigation, the Republic of Croatia may lodge a complaint in accordance with the Statute and the Rules of Procedure and Evidence.


(5) The Public Attorney General shall regularly report to the Government of the Republic of Croatia on actions taken and procedures conducted and the Government shall pass on such information to the Prosecutor, if required or requested.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

Article 21

(1) No criminal proceedings may be conducted against the same indicted person for the same crime simultaneously in the Republic of Croatia and before the International Criminal Court.

(2) When proceedings against the person indicted are under way before a court in Croatia, and the International Criminal Court begins criminal proceedings against the same person for the same crime, the proceedings before the court in Croatia will be suspended upon the surrender of the person indicted to the International Criminal Court or when this person otherwise appears before the ICC.

(3) When the International Criminal Tribunal begins with the proceedings, no proceedings shall be instituted in the Republic of Croatia against the same indicted person for the same crime.

(4) If the adjudication of a court in the Republic of Croatia has become final, it shall not be enforced, and if the enforcement is under way, it shall be suspended upon the surrender of the person indicted to the International Criminal Court.

(5) During the suspension of the proceedings before a court in the Republic of Croatia or the suspension of the enforcement no statute of limitations or deadlines for carrying out particular process activities shall apply.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

Article 22

(1) The criminal proceedings conducted before a court in the Republic of Croatia and suspended to enable the proceedings before the International Criminal Court may be resumed before the competent court of the Republic of Croatia if the International Criminal Court has not decided on the guilt of the person indicted for one or more crimes for which criminal proceedings were conducted in the Republic of Croatia. In this case a final adjudication of the court in the Republic of Croatia may be enforced, or the suspended enforcement of the adjudication continued, and the criminal prosecution which may have been prevented by the proceedings conducted before the International Criminal Court may be instituted.

(2) When the judgement of the International Criminal Court only includes some of the crimes for which there is a final adjudication of a court in the Republic of Croatia, the court of the Republic of Croatia shall alter its sentence, implementing in an appropriate manner the provisions of the Law on Criminal Procedure related to the alteration of adjudication in accordance with the rules on the renewal of proceedings.

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.