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.

Article 53
Initiation of an investigation
1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:
(a) The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;
(b) The case is or would be admissible under article 17; and
(c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice. If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.
2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:
(a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;
(b) The case is inadmissible under article 17; or
(c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime; the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.
3. (a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b), the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.
(b) In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
4. The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.