Croatia

Law on the implementation of the Statute of the International Criminal Court and the prosecution of criminal offences against international law of war and humanitarian law

V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT

ASSIGNMENT OF PROCEEDINGS BY THE INTERNATIONAL CRIMINAL COURT
Article 28

(1) In the case when the International Criminal Court, in accordance with its Statute and the Rules on procedure and evidence assigns the criminal prosecution of particular case to the Republic of Croatia, the State Attorney shall undertake the criminal prosecution before the competent court taking as the foundation for the accusation the fact on which the indictment before the International Criminal Court was based.
(2) The proceedings in the Republic of Croatia shall be conducted with the implementation of national substantive criminal law and criminal procedure.
(3) Exceptionally, the State Attorney based on the evidence acquired from the International Criminal Court may set up the indictment without conducting of investigation and the consent of the investigating judge.
(4) Evidence gathered by the bodies of the International Criminal Court may be used in the criminal proceedings in the Republic of Croatia subject to conditions that they were taken in the manner prescribed by the Statute and the Rules on procedure and evidence of the International Criminal Court and may be used before that Court. The existence or nonexistence of facts that need to be proved by the mentioned evidences the Croatian court shall evaluate in accordance with the Article 9 of the Criminal Procedure Act.
(5) The Government may enter into special agreement with the International Criminal Court that shall govern particular issues in the competence of the Government in the course of assignment of procedure.
(6) Representatives of the International Criminal Court shall be enabled to attend the proceedings in all its phases and shall be given all the necessary information with regard to the course of proceedings.

Keywords

Complementarity
Deferral of case by ICC to State



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