Serbia

Law on cooperation with the International Criminal Court

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Appeal Against the Ruling on the Request of the International Criminal Court

Article 27

The ruling referred to in Article 26, paragraph 4 of this Law may be appealed by the accused person and his/her Defence Counsel, whereas the competent Public Prosecutor may appeal against the ruling mentioned in Article 26, paragraph 6 of this Law.

The appeal referred to in paragraph 1 of this Article may be lodged within three days from the day of receipt of the ruling. It shall postpone the enforcement of the ruling.

The appeal referred to in paragraph 1 of this Article shall be decided upon by the Chamber of the directly superior Court, composed of five Judges.

The Chamber may reject the appeal lodged by the accused person and his/her Defence Counsel as inadmissible or untimely, turn it down as unreasonable or sustain it when reversing the ruling mentioned in Article 26, paragraph 4 of this Law by their own ruling, passing a ruling according to which the request for surrender of persons to the International Criminal Court is refused.

The Chamber may turn down the appeal filed by the Public Prosecutor as unreasonable or it may sustain it when reversing the ruling mentioned in Article 26, paragraph 6 of this Law by their own ruling, passing a ruling to surrender the accused person to the International Criminal Court.

Keywords

Cooperation under procedures of national law
Detention pending surrender



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