III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT
Transfer of Criminal Jurisdiction to the Republic of Serbia
Article 19
When the International Criminal Court, pursuant to the Statute and the Rules of Procedure and Evidence, transfers to the Republic of Serbia the criminal prosecution of the crime from Article 1 of this Law, the competent Public Prosecutor shall instigate criminal proceedings before the competent court.
The Document on Charges in the case from paragraph 1 of this Article shall be based on evidence contained in the Prosecutor's former indictment, i.e. on evidence presented during the proceedings before the International Criminal Court, but it may be also based on other evidence in possession of the competent Public Prosecutor.
Criminal proceedings in the Republic of Serbia shall be conducted in accordance with the rules of the local law.
The evidence collected or presented by the International Criminal Court may be used in criminal proceedings in the Republic of Serbia only if it has been collected and/or presented in accordance with the Statute and the Rules of Procedure and Evidence, and if it could normally be utilised in the proceedings before the International Criminal Court.
The evidence mentioned in paragraph 4 of this Article shall be assessed by the competent court in accordance with the principle of free assessment of evidence and according to its own free conviction.
The International Criminal Court Representatives shall have the right to witness all stages of the criminal proceeding conducted in the Republic of Serbia, and the competent court shall send them timely summonses to witness certain actions and attend the main trial.
The right of the International Criminal Court Representatives to attend may not be limited even where the court, in accordance with the rules of the Criminal Procedure Code, passes a ruling on excluding the public from the main trial. In such event, the International Criminal Court Representatives shall be specifically made aware of their duty to keep all facts they learnt during such trial as a secret.
The right of the International Criminal Court Representatives to witness evidence-related actions undertaken prior to the main trial or outside the main trial may be limited where the court is not able, due to objective difficulties, to notify in a timely manner the International Criminal Court Representatives on any action seeing possible deferral.
The Government may conclude a separate agreement with the International Criminal Court, regulating all issues in more detail pertaining to the transfer of the criminal jurisdiction from the International Criminal Court to the Republic of Serbia.
Complementarity
Other forms of cooperation
Cooperation under procedures of national law
EDIT.