GENERAL PART
CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA
Applicability of Criminal Legislation of Serbia to a Foreign Citizen Committing a Criminal Offence Abroad
Article 9
(2) criminal legislation of Serbia shall also apply to a foreigner who commits a criminal offence abroad against a foreign state or foreign citizen, when such offence is punishable by five years' imprisonment or a heavier penalty, pursuant to laws of the country of commission, if such person is found on the territory of Serbia and is not extradited to the foreign state. Unless otherwise provided by this Code, the court may not impose in such cases a penalty heavier than set out by the law of the country where the criminal offence was committed.
Part One
GENERAL PART
Chapter II
JURISDICTION OF COURTS
2. Territorial Jurisdiction
Defendant’s Place of Birth, Arrest or Surrender
Article 25
If the place where the crime was committed or the temporary or permanent residence of the defendant are not known, or both lie outside the territory of the Republic of Serbia, the court whose territorial jurisdiction includes the place of birth of the defendant, or the place where he is arrested, or where he surrenders himself, has jurisdiction.
IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON
Request by the International Criminal Court for Arrest and Surrender of the Accused Person or for Provisional Arrest of the Defendant
Article 20
The request of the International Criminal Court for arrest and surrender of the accused person or for provisional arrest of the defendant residing in the territory of the Republic of Serbia or is considered by the International Criminal Court to be on the territory of the Republic of Serbia shall be transmitted to the Ministry.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.