Spans in 'Austria: Cooperation with the ICC' tagged with 'Refusal by the Pre-Trial Chamber or conclusion by the Prosecutor not to proceed'

'Refusal by the Pre-Trial Chamber or conclusion by the Prosecutor not to proceed' in document 'Austria: Cooperation with the ICC'

Jump to:

More information about the keyword 'Refusal by the Pre-Trial Chamber or conclusion by the Prosecutor not to proceed'
More information about the document 'Austria: Cooperation with the ICC'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
General Provisions

5. Challenge of admissibility of proceedings and their deferral to the International Criminal Court

6. The Austrian criminal proceedings shall be suspended following a definitive decision by the
International Criminal Court. The case may be reopened however subsequent to an application by the public prosecutor following a court ruling, if:
(1) the Prosecutor of the International Criminal Court decides not to proceed with an indictment or drops the charges;
(2) upon review, the International Criminal Court rejects the indictment;
(3) the International Criminal Court determines it does not have jurisdiction or that the case is inadmissible.

RELEVANT ROME STATUTE PROVISIONS

Article 15
Prosecutor
5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.
6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.