Belgium

Act of 29 March 2004 on Cooperation with the International Criminal Court and the International Criminal Tribunals

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.

Keywords

Complementarity
Referral by State



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