V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT

ASSIGNMENT OF PROCEEDINGS BY THE INTERNATIONAL CRIMINAL COURT
Article 28

(1) In the case when the International Criminal Court, in accordance with its Statute and the Rules on procedure and evidence assigns the criminal prosecution of particular case to the Republic of Croatia, the State Attorney shall undertake the criminal prosecution before the competent court taking as the foundation for the accusation the fact on which the indictment before the International Criminal Court was based.
(2) The proceedings in the Republic of Croatia shall be conducted with the implementation of national substantive criminal law and criminal procedure.
(3) Exceptionally, the State Attorney based on the evidence acquired from the International Criminal Court may set up the indictment without conducting of investigation and the consent of the investigating judge.
(4) Evidence gathered by the bodies of the International Criminal Court may be used in the criminal proceedings in the Republic of Croatia subject to conditions that they were taken in the manner prescribed by the Statute and the Rules on procedure and evidence of the International Criminal Court and may be used before that Court. The existence or nonexistence of facts that need to be proved by the mentioned evidences the Croatian court shall evaluate in accordance with the Article 9 of the Criminal Procedure Act.
(5) The Government may enter into special agreement with the International Criminal Court that shall govern particular issues in the competence of the Government in the course of assignment of procedure.
(6) Representatives of the International Criminal Court shall be enabled to attend the proceedings in all its phases and shall be given all the necessary information with regard to the course of proceedings.

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 18

(1) When the Prosecutor notifies the Republic of Croatia that there would be a reasonable basis to commence an investigation for a crime defined in Article 5 of the Statute and that the component Croatian authorities may exercise jurisdiction over the crime concerned, the Government of the Republic of Croatia shall notify thereon the Public Attorney General.

(2) If the notification referred to in the foregoing paragraph is confidential, its content shall be treated as an official secret by any state authorities or persons to which or to whom this content has been brought to notice.

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 19

(1) Upon receipt of the notification referred to in Article 18, paragraph 1 of this Law, the Public Attorney General and other competent state authorities, unless a legal procedure to this effect is already under way in the Republic of Croatia, shall take urgent action to determine if there is a reasonable basis to proceed under the notification, conduct required investigation and report without delay to the Government of the Republic of Croatia on the action thus taken.

(2) Within one month following the receipt of the notification the Government of the Republic of Croatia shall notify the Prosecutor if the requested criminal prosecution is under way in the Republic of Croatia.

(3) If the criminal prosecution has been commenced in the Republic of Croatia, the Government of the Republic of Croatia may request the International Criminal Court to have the case concerned referred to it.

(4) If the Pre-Trial Chamber of the International Criminal Court, in spite of the readiness to conduct criminal proceedings in the Republic of Croatia, authorises the Prosecutor to commence investigation, the Republic of Croatia may lodge a complaint in accordance with the Statute and the Rules of Procedure and Evidence.


(5) The Public Attorney General shall regularly report to the Government of the Republic of Croatia on actions taken and procedures conducted and the Government shall pass on such information to the Prosecutor, if required or requested.

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.

Article 18
Preliminary rulings regarding admissibility
2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.