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

Prosecutor's Notification on a Criminal Offence

Article 12

When the Prosecutor notifies the Republic of Serbia that reasons to institute criminal proceedings for the criminal offence from Article 1 of this Law exist, and that state authorities of the Republic of Serbia might be competent to prosecute, the Ministry shall notify the competent Public Prosecutor thereabout without delay.

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.

Article 18
Preliminary rulings regarding admissibility
2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.