Notification of competing request

Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Section 3 Trial

Chapter 2 Conflict of Jurisdiction

Issuing a Ruling on Lack of Jurisdiction

Article 183:

When it is made obvious in accordance with the provisions of the law that the court does not have the authority to proceed with the case, the court shall issue a ruling indicating the lack of authority to proceed, identify the competent court, and send the case to the relevant prosecutor’s office.

The prosecution office shall refer the issue immediately to the court identified as competent and if the referred court also identifies itself without proper authority to proceed with the case, it will issue a ruling on lack of jurisdiction and return the case to the relevant prosecution office.

Rome Statute

Article 90 Competing requests

1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.