Spans in 'Belgium Cooperation Act 2004' tagged with 'Referral by State'

'Referral by State' in document 'Belgium Cooperation Act 2004'

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More information about the keyword 'Referral by State'
More information about the document 'Belgium Cooperation Act 2004'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITER III RELATIONS BETWEEN THE COURT AND BELGIUM

Article 8
1. Pursuant to article 14 of the Statute, the Minister of Justice may, upon a decision discussed by the Cabinet, refer to the Court a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed, requesting the Prosecutor to investigate that situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
In such an instance, Belgium shall specify, insofar as possible, the relevant circumstances and produce such supporting documentation as is available to it.
2. Without prejudice to the application of article 47 of this law, and pursuant to article 14 of the Statute, the Minister of Justice may, following a decision discussed by the Cabinet, acquaint the Court with the facts relative to offences specified in Book II, Title I bis, of the Criminal Code which have been referred to the judicial authorities.
Once the Prosecutor has given the notification provided for in article 18, paragraph 1 of the Statute in respect to the facts brought to the attention of the Court by the Minister of Justice, the Court of Cassation, on application by the Principal Crown Prosecutor, shall pronounce the deferral of the Belgian court seized of the same facts.
Where the Court, at the request of the Minister of Justice, after the deferral of the Belgian court, states that the Prosecutor has decided not to produce an indictment or that the Court has not confirmed an indictment, or has deemed it does not have jurisdiction or that the case is inadmissible, the Belgian courts shall once again have jurisdiction.

RELEVANT ROME STATUTE PROVISIONS

Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14