Spans in 'Croatia: Implementation of Statute of ICC' tagged with 'Postponement

'Postponement - ongoing investigation or prosecution' in document 'Croatia: Implementation of Statute of ICC'

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More information about the document 'Croatia: Implementation of Statute of ICC'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT
SUSPENSION OF THE FULFILLMENT OF THE REQUEST OF THE INTERNATIONAL CRIMINAL COURT
Article 25
The Government may suspend the fulfillment of the request for the cooperation on account of the criminal proceedings conducted in the Republic of Croatia or on account of the objection raised concerning the permissibility of instituting or conducting the proceedings before the International Criminal Court (Article 94 and 95 of the Statute).

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

V COOPERATION WITH INTERNATIONAL CRIMINAL COURT

Article 25

(1) The Government of the Republic of Croatia may postpone the fulfilment of the cooperation request on account of the criminal proceedings conducted in the Republic of Croatia, or on account of the objection raised concerning the permissibility of instituting or conducting the proceedings before the International Criminal Court (Articles 94 and 95 of the Statute).

(2) If the cooperation request needs to be fulfilled by a court in Croatia, its fulfilment shall be postponed by the court at the request of the Attorney General of the Republic of Croatia.

RELEVANT ROME STATUTE PROVISIONS

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).