'Pardon' in document 'Sweden: ICC Cooperation Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ENFORCEMENT OF PENALTY AND FORFEITURE

Section 25 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260) applies to enforcement in accordance with Sections 23 and 24, unless otherwise provided by this Act.

Enforcement may no longer take place if the International Criminal Court has granted the person sentenced a pardon or revision of the penalty and if the reduced penalty has been fully enforced or the Court has made any other ruling whereby the sanction imposed may no longer be enforced. If an issue arises concerning an impediment to enforcement owing to a limitation period, after an application has been granted in accordance with Section 23 or Section 24, such issue shall be considered in accordance with the rules applicable to the International Criminal Court.

RELEVANT ROME STATUTE PROVISIONS

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute