I BASIC PROVISIONS

Competence for Co-operation with the International Criminal Court and for the Execution of Decisions Thereof

Article 4

Subject matter and territorial jurisdiction of courts, public prosecutor's offices and other state authorities with respect to the procedure of co-operation with the International Criminal Court shall be defined in accordance with the rules of the Criminal Procedure Code, unless otherwise provided by this Law or any separate law.

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

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.

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.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Request by the International Criminal Court for Arrest and Surrender of the Accused Person or for Provisional Arrest of the Defendant

Article 20

The request of the International Criminal Court for arrest and surrender of the accused person or for provisional arrest of the defendant residing in the territory of the Republic of Serbia or is considered by the International Criminal Court to be on the territory of the Republic of Serbia shall be transmitted to the Ministry.