'Cooperation under procedures of national law' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

I. GENERAL PROVISIONS
APPLICATION OF NATIONAL LEGISLATION
Article 6
(1) The state authorities competent for co-operation and implementation of decisions of the International Criminal Court shall act in compliance with the Croatian law.

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.

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

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 11

Unless otherwise provided in this Law, applicable in the prosecution of crimes shall be the provisions of the Criminal Procedure Act and other relevant criminal procedure regulations.

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 23

(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with Article 93 of the Statute in investigations and criminal prosecution of crimes within its competence, proceeding in the manner prescribed in Art. 3 hereof.

(2) The cooperation request by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfilment, or for other particularly important reasons.

(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the goals from the Statute and the purpose of each individual activity carried out.

(4) The competent government bodies shall also undertake the activities which the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before 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

VI APPREHENSION AND SURRENDER

Article 28

(1) The apprehension and surrender of the person indicted shall be based on a request by the ICC and carried out in accordance with the Statute and this Law.

(2) The substantiated request for the surrender of the person indicted shall be submitted by the International Criminal Court to the Government of the Republic of Croatia. With it, the ICC shall en close the information required to identify the person indicted.

(3) In the surrender procedure the appropriate provisions of the Law on Criminal Procedure shall be applied analogously.

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

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 40

(1) The Republic of Croatia shall enforce the judgement and other decisions of the International Criminal Court by applying the Statute and other regulations of the International Criminal Court and the appropriate provisions of the domestic law.

(2) The Republic of Croatia shall inform the International Criminal Court without delay about the real or legal reasons preventing or restricting the enforcement of the judgement or other decision and shall consult the ICC on further proceeding.

RELEVANT ROME STATUTE PROVISIONS

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.