I BASIC PROVISIONS

Ne Bis In Idem Principles and Prohibition of Concurrent Proceedings

Article 8

In the Republic of Serbia criminal proceedings shall not be instituted or conducted against an accused person for the same criminal offence if the International Criminal Court has passed a final judgement on the culpability of the person concerned, nor may any judgement formerly passed by a national court be enforced, relating to the same criminal offence.

Criminal proceedings shall not be instituted or conducted against an accused person for the same criminal offence before the International Criminal Court if the person concerned has been acquitted or convicted by a final judgement in the Republic of Serbia, i.e. relative to whom a ruling on the termination of the criminal proceedings has been passed, except where the requirements contained in Article 20, paragraph 3, of the Statute are met.

In the Republic of Serbia criminal proceedings shall not be instituted or conducted against the same accused person for the same criminal offence if the proceedings for said criminal offence are already ongoing before the International Criminal Court, having been instituted prior to the criminal proceeding in the Republic of Serbia.

I BASIC PROVISIONS

Decision of the International Criminal Court as a Reason for Re-opening Criminal Proceedings

Article 9

If an accused person has been finally convicted by a judgement formerly passed by the local court, being acquitted thereupon for the same criminal offence following a decision taken by the International Criminal Court, the competent Public Prosecutor shall, by virtue of authority, request from the court in the Republic of Serbia having proceeded in the first instance, to reopen the criminal proceeding, in accordance with analogous application of the provisions of the Criminal Procedure Code, and pass a judgement acquitting the accused person of charges, and/or a judgement dismissing the charges against the accused person.

The request from paragraph 1 of this Article may be submitted both by the accused person and the defence counsel thereof.

I BASIC PROVISIONS

Complementarity Principle

Article 10

If the Republic of Serbia finds the jurisdiction of the International Criminal Court to be based contrary to paragraph 2 of this Article, it has the right to object to incompetence or inadmissibility to institute and conduct criminal proceedings, in accordance with Article 19 of the Statute. Prior to objecting the Ministry shall obtain an opinion from the Supreme Court of Cassation.

II CRIMINAL CHARGE AND THE RECEIVING OF PROSECUTOR'S NOTIFICATION ON CRIMINAL OFFENCE

Procedure Upon Receipt of Notification on Criminal Offence

Article 13

Immediately upon receiving the notification referred to in Article 12, paragraph 1 of this Law, the competent Public Prosecutor and other state authorities shall undertake required measures to identify the criminal offence, i.e. to prosecute if no criminal proceedings are already ongoing in the Republic of Serbia with respect to the criminal offence that is the subject of the notification.

Immediately upon learning about the offence, within one month at the latest from the day the notification referred to in Article 12, paragraph 1 of this Law is received, the Ministry shall notify the Prosecutor on whether or not criminal proceedings have been instigated in the Republic of Serbia with respect to the criminal offence that is the subject of the notification.

If criminal proceedings have already been instituted in the Republic of Serbia, the Ministry shall seek from the International Criminal Court to transfer the criminal prosecution to the Republic of Serbia, if the Prosecutor is already conducting an investigation of the same criminal offence and/or if the Prosecutor intends to commence an investigation for the criminal offence concerned.

Should the Prosecutor be approved by the Pre-Trial Chamber of the International Criminal Court to conduct an investigation, contrary to the request referred to in paragraph 3 of this Article, the Republic of Serbia shall appeal against it, in accordance with the Statute and the Rules of Procedure and Evidence.

The competent Public Prosecutor shall report to the Ministry on a regular basis about any actions undertaken in respect of the criminal prosecution for the criminal offences mentioned in Article 1 of this Law, including the criminal proceedings already instituted for said criminal offences.

The reports referred to in paragraph 7 of this Article shall be submitted to the Prosecutor by the Ministry, where necessary or upon his/her request.

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.
2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
(c) A State from which acceptance of jurisdiction is required under article 12.
3. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.
4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).
5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.
8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and
(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.
9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.
10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.
11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.