'National procedures re enforcement of sentences imposed' in document 'Serbia - Law on cooperation with ICC'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

V ENFORCEMENT OF DECISIONS TAKEN BY THE INTERNATIONAL CRIMINAL COURT

Execution of Prison Sentences Imposed in Judgements Passed by the International Criminal Court

Article 32

The prison sentence referred to in paragraph 1 of this Article shall be executed in accordance with the regulations of the Republic of Serbia, unless otherwise specified under a separate agreement.

V ENFORCEMENT OF DECISIONS TAKEN BY THE INTERNATIONAL CRIMINAL COURT


General Rules on Enforcement of Decisions Taken by the International Criminal Court

Article 31

The Republic of Serbia shall in good faith enforce judgements and other decisions taken by the International Criminal Court.

During the procedure of enforcement of decisions referred to in paragraph 1 of this Article the competent state authorities shall apply the Statute and other regulations that are the sources of rights applied in the proceeding before the International Criminal Court or concerning it, including appropriate rules of the national law.

The Republic of Serbia shall, without delay, notify the International Criminal Court on the existence of any factual or legal impediments as to the enforcement of the decisions referred to in paragraph 1 of this Article, for the purposes of consultations on further actions.


Execution of Prison Sentences Imposed in Judgements Passed by the International Criminal Court

Article 32

The Republic of Serbia shall allow for the execution of prison sentences imposed in judgements passed by the International Criminal Court, at appropriate institutions in the Republic of Serbia based a separate agreement between the Republic of Serbia and the International Criminal Court.

The prison sentence referred to in paragraph 1 of this Article shall be executed in accordance with the regulations of the Republic of Serbia, unless otherwise specified under a separate agreement.

Costs of the execution of the prison sentence mentioned in paragraph 1 of this Article shall be borne by the International Criminal Court, unless otherwise specified under a separate agreement.


Enforcement of Fine, Decisions on Seizure of Property of the Convicted Person's and Compensation of Damages to Victims of Crime

Article 33

When the International Criminal Court requests from the Republic of Serbia to enforce a decision on fine, seizure of property of the accused person's or compensation of damages to victims of crime referred to in Article 1 of this Law, the procedure of enforcement shall be conducted by the court in the Republic of Serbia competent for enforcement, in accordance with the law.

If the enforcement procedure has not been carried out, partially or in entirety, due to the fact that the debtor's property does not comprise funds appropriate to be the subject of enforcement, or for other reasons set forth in the law, the competent enforcement court shall notify the Ministry about it.

The Ministry shall without delay notify the International Criminal Court on the impediments referred to in paragraph 2 of this Article, for the purposes of consultations on further actions.