III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Postponement of Granting Request Made by the International Criminal Court

Article 17

The Ministry may postpone to grant a letter rogatory for providing legal assistance to the International Criminal Court when it is dictated by :

1) the interest of the criminal proceeding conducted in the Republic of Serbia for the criminal offence included in the letter rogatory,

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Postponement of Granting Request Made by the International Criminal Court

Article 17

The postponement of granting the letter rogatory for providing legal assistance may be extended not later than the final completion of the criminal proceeding conducted in the Republic of Serbia for the criminal offence included in the letter rogatory or until required measures are undertaken to protect the national interests of the Republic of Serbia, i.e. until a ruling is passed on the objection made to incompetence or inadmissibility to institute or conduct criminal proceedings before the International Criminal Court.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).