'Applicability' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

I. GENERAL PROVISIONS

AREA OF APPLICATION
Article 1

This Law shall regulate the implementation of the Statute of the International Criminal Court which the Republic of Croatia has ratified by adopting the Law on the Ratification of the Rome Statute of the International Court (Official Gazette - International Treaties, No. 5/2001), the cooperation of the Republic of Croatia with the International Criminal Court, and the specific prosecutions of criminal offences prescribed by the Article 5 of the Statute, criminal offences against the values protected by the international law referred to in Articles 156 - 168, 187, 187a and 187b of the Penal Code (Official Gazette, No. 110/97, 27/98, 129/00, 51/01 and 111/03), and other crimes under the jurisdiction of the international criminal courts, as well as the prosecution of criminal offences against the international justice.

II. PROSECUTION IN REPUBLIC OF CROATIA
APPLICATION OF CRIMINAL PROCEDURE REGULATION
Article 11
Unless otherwise provided by this Law, applicable in the criminal procedure against the perpetrators referred to in Article 1 of this Law shall be the provision of the Criminal Procedure Act and other relevant criminal procedure regulations.

IX. TRANSITIONAL AND FINAL PROVISIONS
APPLICATION OF PROVISIONS OF THE LAW RELATED TO THE INTERNATIONAL CRIMINAL COURT
Article 47
The provisions of this Law related to the International Criminal Court and the cooperation with it, and the arrest and surrender of the accused shall be applied with regard to the criminal offences referred to in Article 5 of the Statute committed as of the entering into force of the Statute (1st July 2002).

APPLICATION OF PROVISIONS OF THIS LAW TO THE CRIMINAL OFFENCES REFERRED TO IN ARTICLE 1 OF THIS LAW
Article 48
(1) The provisions hereof related to detection and prosecution of criminal offences referred to in Article 1 of this Law in the Republic of Croatia and to the organization of government bodies (Article 7 - 16) shall be applied as of the date of entry of this Law into force, irrespectively of when the criminal offence was committed and whether the criminal proceedings before a competent court have been instituted.
(2) If upon the entry of this Law into force the investigation is already under way, it shall be completed pursuant to the provisions of the Criminal Procedure Act.
(3) If upon the entry of this Law into force the main hearing has not begun yet, or if a senior court acting on a remedy has repealed the decision issued in the first instance and has returned the case for re-trial, the main hearing and further proceedings shall be conducted pursuant to the provisions hereof before the courts competent and composed pursuant to this Law.

IMPLEMENTATION OF REGULATIONS OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA AND DOMESTIC REGULATIONS RELATED TO IT
Article 49
(1) The entry into force of this Law shall not effect the implementation of international law regulations related to the work of the International Criminal Tribunal for the Former Yugoslavia, the Constitutional Law on the Cooperation of the Republic of Croatia with the International Criminal Tribunal and the regulations based on it.
(2) The provision of Article 28 of this Law shall be applied in relation to the International Criminal Tribunal for the Former Yugoslavia, also.

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

GENERAL PROVISIONS

Article 1

(1) This Law shall regulate the implementation of the Statute of the International Criminal Court (hereinafter: the Statute), which the Republic of Croatia has ratified by adopting the Law on the Ratification of the Rome Statute of the International Court (Official Gazette — International Treaties, No. 5/2001), the co-operation of the Republic of Croatia with the International Criminal Court, and the specific prosecution of crimes against international law of war and humanitarian law and other crimes within the jurisdiction of international criminal courts (hereinafter: Crimes), as well as the prosecution of crimes against international justice (Article ... of the Criminal Law).

(2) This Law shall also be referred to as the Law on Crimes Against International Law.

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

GENERAL PROVISIONS

Article 6

(1) The state authorities competent for co-operation and execution of the requests of the International Criminal Court shall act in compliance with the Croatian law.

(2) In cases where the Croatian law may not be applicable to an action to be taken, appropriate Croatian regulations applicable to similar cases handled before the Croatian state authorities shall apply.

(3) The Law and other regulations of the Republic of Croatia applicable in co-operation with the International Criminal Court shall be construed and applied in a way corresponding to the purpose and intent of the Statute of the International Criminal Court.

(4) Legal regulations on immunities and privileges shall not apply in procedures involving the crimes referred to in Article 2 of this Law.

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

VIII. PARTICIPATION OF THE REPUBLIC OF CROATIA IN THE WORK OF THE INTERNATIONAL CRIMINAL COURT

Article 46

The entry into force of this Law shall not affect the implementation of international law regulations related to the work of the International Criminal Tribunal for the Former Yugoslavia, the Constitutional Law on the Cooperation of the Republic of Croatia with the International Criminal Tribunal, and the regulations based on it.