IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Parties in the Surrender Procedure and the Competent Court

Article 22

Parties in the surrender procedure include the accused persons being sought for surrender, and the competent Public Prosecutor.

An International Criminal Court Representative is entitled to witness all actions during the surrender procedure, but s/he is not in the capacity of a Party in the procedure.

The Higher Court in Belgrade shall exercise jurisdiction as to the decision making in the surrender procedure.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Decision Taking on the Request of the International Criminal Court

Article 26

The request for surrender of the accused person to the International Criminal Court shall be decided upon by the competent Chamber.

The accused person shall be introduced by the Chamber to the request of the International Criminal Court and the charges before said Court, and interrogated, by analogous application of the Criminal Procedure Code, about the criminal offence that s/he is charged with, including all other circumstances significant to taking a decision as to the request.

During the interrogation the Chamber is obliged to proceed in the manner specified in Article 24, paragraph 5 of this Law.

The Chamber shall pass a ruling on surrender of the accused person to the International Criminal Court once it has established as follows :

1) the request relates to the accused person who is undergoing the surrender procedure, and the identity of the accused person is confirmed,
2) the requirements referred to in Article 91 of the Statute concerning the content of the request are met,
3) the accused is undergoing criminal proceedings for the criminal offence falling under the jurisdiction of the International Criminal Court,
4) there are no obstacles to the surrender of the accused person to the International Criminal Court.

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.

If the Chamber establishes that the presumptions under paragraph 4 of this Article are not met, it shall rule to refuse the request for surrender of the accused person to the International Criminal Court.

Once a ruling on the request of the International Criminal Court has been passed, custody may be in force up to the point when the accused person is surrendered to the International Criminal Court, i.e. to the point when the ruling on refusing the request becomes final, within a period specified in the Constitution and law.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON


Enforcement and Rulings on Surrender

Article 28

The ruling to surrender the accused person to the International Criminal Court may be enforced when it becomes final and when no obstacles to the enforcement of the ruling exist.

The Minister competent for the judiciary may provisionally postpone the enforcement of the ruling granting surrender of the accused person when it is necessary due to an illness of the accused person or for other justified reasons.


Submission of a Ruling on Surrender

Article 29

A final and enforceable ruling granting surrender of the accused person to the International Criminal Court shall be submitted to the Ministry which shall, in turn, transmit it to the International Criminal Court.

The Ministry shall submit the ruling referred to in paragraph 1 of this Article to the Police to enforce it.


Surrender of the Accused Person to the International Criminal Court

Article 30

Surrender of the accused person to the International Criminal Court shall be conducted by the Police.