Spans in 'Slovakia - Crim Proc Code - Leg Rel Abroad' tagged with 'Deferral of case by ICC to State'

'Deferral of case by ICC to State' in document 'Slovakia - Crim Proc Code - Leg Rel Abroad'

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More information about the document 'Slovakia - Crim Proc Code - Leg Rel Abroad'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER FOUR
TRANSFER OF CRIMINAL PROCEEDINGS

Section 528
Transfer of criminal proceedings from abroad

(1) The Prosecutor General’s Office shall have jurisdiction to take the decision on the request by a foreign authority to take over the criminal proceedings it is conducting. The Prosecutor General´s Office shall inform the ministry of justice accordingly.

(2) If the Prosecutor General’s Office accepts the request under paragraph 1 it shall instruct without delay the competent prosecutor’s office to proceed under the provisions of this Code.

(3) Any procedural act carried out by the authorities of the requesting State in accordance with the law of that State, shall have in the Slovak Republic the same validity as if it had been carried out by the Slovak authorities, provided that its admission does not give this act a greater evidentiary weight than it has in the requesting State.

(4) If the requesting State revokes its request for transfer of criminal proceedings by the reason of continuing the criminal proceedings by itself, Slovak authorities shall loose the jurisdiction to continue in the criminal proceedings.

Section 529
Transfer of criminal proceedings abroad

(1) If the accused in the criminal proceedings carried out in the Slovak Republic is a foreign national or resides in another State, the Slovak authorities may initiate the transfer of the criminal proceedings to that State.

(2) The decision to request the transfer of criminal proceedings abroad shall be taken by the Minister of Justice; in the pre-trial stage s/he decides upon the motion of the Prosecution General Office.

(3) The transfer of the criminal proceedings abroad may be initiated in particular if

a) the extradition of the accused from the requested State is not possible, was not granted or if extradition was not requested for another reason,
b) it seems effective and opportune to carry out the criminal prosecution in the requested State, in particular for the purposes of finding of facts, degree of punishment or the execution of the sentence,
c) if the accused was or shall be extradited to the requested State or if it is likely, for a different reason, that his personal appearance in the criminal proceedings in that State shall be possible,
d) the extradition of the person sentenced to a prison sentence by the Slovak court in a final judgement is not possible or was not granted by the requested State and the enforcement of the sentence in that State is not possible.

(4) After the decision of the requested State to accept the transfer of the criminal proceedings it shall be inadmissible in the territory of the Slovak Republic to continue the criminal prosecution of the accused, or to enforce the sentence imposed for a criminal offence in respect of which criminal proceedings were transferred.

(5) The Slovak authorities may continue the criminal proceedings or order the enforcement of the sentence, if the requested State :

a) declares that it shall not proceed in the matter,
b) subsequently revokes its decision on the transfer of the criminal proceedings, or
c) declares that it shall not continue the proceedings.

RELEVANT ROME STATUTE PROVISIONS

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.