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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 12

(1) The national courts competent for the prosecution of crimes shall be the County Courts of Osijek, Rijeka, Split and Zagreb.

(2) In addition to the courts specified in the foregoing paragraph, competence is also vested in courts as specified in the general regulations on criminal procedure competence.

(3) A trial shall be conducted before a competent court where the public attorney has instituted criminal proceedings.

(4) The responsible public attorney can institute criminal proceedings at a court other than the court which would be competent under the general regulations on criminal procedure competence, if so approved by the Public Attorney General.

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 17

(1) State authorities, legal and natural persons with knowledge of a crime within the competence of the International Criminal Court, irrespective of the place where it was committed and other than a crime already prosecuted in the Republic of Croatia or before the International Criminal Court or a competent court of another state, shall notify thereof the responsible public attorney.

(2) The responsible public attorney, provided that requirements under the Criminal Procedure Act are met, shall take necessary steps and institute a prosecution procedure.

(3) If for actual or legal reasons such criminal prosecution cannot be initiated in the Republic of Croatia, the Public Attorney General shall notify thereof the Government of the Republic of Croatia which in turn, in accordance with Article 14 of the Statute, may refer the case to the Prosecutor.