'Refusal by the Pre-Trial Chamber or conclusion by the Prosecutor not to proceed' 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

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.

RELEVANT ROME STATUTE PROVISIONS

Article 15
Prosecutor
5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.
6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.