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

Criminal prosecution of accused persons for the criminal offences mentioned in Article 1 of this Law shall be undertaken by the competent Public Prosecutor, whereas they will be tried by the competent court in the Republic of Serbia.

The International Criminal Court shall be competent for conducting criminal proceedings against accused persons for the criminal offences mentioned in Article 1 of this Law where the state authorities of the Republic of Serbia would be normally competent, solely if the requirements from Article 17 of the Statute are met.

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

Prosecutor's Notification on a Criminal Offence

Article 12

When the Prosecutor notifies the Republic of Serbia that reasons to institute criminal proceedings for the criminal offence from Article 1 of this Law exist, and that state authorities of the Republic of Serbia might be competent to prosecute, the Ministry shall notify the competent Public Prosecutor thereabout without delay.

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.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Transfer of Criminal Jurisdiction to the Republic of Serbia

Article 19

When the International Criminal Court, pursuant to the Statute and the Rules of Procedure and Evidence, transfers to the Republic of Serbia the criminal prosecution of the crime from Article 1 of this Law, the competent Public Prosecutor shall instigate criminal proceedings before the competent court.

The Document on Charges in the case from paragraph 1 of this Article shall be based on evidence contained in the Prosecutor's former indictment, i.e. on evidence presented during the proceedings before the International Criminal Court, but it may be also based on other evidence in possession of the competent Public Prosecutor.

Criminal proceedings in the Republic of Serbia shall be conducted in accordance with the rules of the local law.

The evidence collected or presented by the International Criminal Court may be used in criminal proceedings in the Republic of Serbia only if it has been collected and/or presented in accordance with the Statute and the Rules of Procedure and Evidence, and if it could normally be utilised in the proceedings before the International Criminal Court.

The evidence mentioned in paragraph 4 of this Article shall be assessed by the competent court in accordance with the principle of free assessment of evidence and according to its own free conviction.

The International Criminal Court Representatives shall have the right to witness all stages of the criminal proceeding conducted in the Republic of Serbia, and the competent court shall send them timely summonses to witness certain actions and attend the main trial.

The right of the International Criminal Court Representatives to attend may not be limited even where the court, in accordance with the rules of the Criminal Procedure Code, passes a ruling on excluding the public from the main trial. In such event, the International Criminal Court Representatives shall be specifically made aware of their duty to keep all facts they learnt during such trial as a secret.

The right of the International Criminal Court Representatives to witness evidence-related actions undertaken prior to the main trial or outside the main trial may be limited where the court is not able, due to objective difficulties, to notify in a timely manner the International Criminal Court Representatives on any action seeing possible deferral.

The Government may conclude a separate agreement with the International Criminal Court, regulating all issues in more detail pertaining to the transfer of the criminal jurisdiction from the International Criminal Court to the Republic of Serbia.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Decision Taking on the Request of the International Criminal Court

Article 26

Where the criminal proceeding has already been instituted in the Republic of Serbia against the accused person relative to whom the surrender is requested by the International Criminal Court, and such request was transmitted to the Republic of Serbia after the beginning of said proceedings, the ruling on surrender may be passed only if the requirements provided for in Article 17 of the Statute are met.

IX TRANSITIONAL PROVISION

Competence of the Courts

Article 40

The Ministry shall obtain the opinion referred to in Article 10. paragraph 3 hereof from the Supreme Court of Serbia until the set-up of activities of the Supreme Court of Cassation.
The District Court in Belgrade exercises jurisdictions of the Higher Court in Belgrade referred to in Article 22, paragraph 3 hereof until the set-up of activities of the latter.

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.