'Referral by State' in document 'Serbia - Law on cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

Reporting Criminal Offence to the Prosecutor

Article 11

It is the duty of all state authorities to report to the competent Public Prosecutor the criminal offences mentioned in Article 1 of this Law which they have been notified of or they have learnt about in another manner if no criminal proceedings are in force in the Republic of Serbia, in some other State or before the International Criminal Court in respect of the criminal offence concerned.

If the criminal proceeding is not possible to instigate or conduct in the Republic of Serbia due to factual or legal obstacles or for some other reasons, the competent Public Prosecutor shall notify the Ministry thereabout.

Immediately upon receiving the notification mentioned in paragraph 2 of this Article, the Ministry shall report to the Prosecutor the commission of a criminal offence that the International Criminal Court is competent for, in accordance with Article 14 of the Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14