I BASIC PROVISIONS

Subject of the Law

Article 1

This Law shall govern the manner, the scope and the forms of co-operation between the state authorities of the Republic of Serbia and the International Criminal Court, including the providing of said Court with legal assistance, and the execution of decisions thereof, as well as characteristics of the procedure relating to criminal offences defined under Article 5 of the Statute of the International Criminal Court, i.e. with respect to criminal offences committed against humanity and other property protected under international law (Chapter XXXIV of the Criminal Code).

I BASIC PROVISIONS

Application of the Criminal Procedure Code and Other Regulations

Article 3

Provisions of the Criminal Procedure Code shall apply to proceedings against accused persons for criminal offences referred to in Article 1 of this Law and the procedure with respect to co-operation with the International Criminal Court, unless otherwise stipulated in said Law or any separate law.

I BASIC PROVISIONS

Competence for Co-operation with the International Criminal Court and for the Execution of Decisions Thereof

Article 4

Requests for co-operation with the International Criminal Court and for the execution of decisions thereof shall be transmitted to the Ministry of Justice (hereinafter: the Ministry), unless otherwise provided for under this Law.

Once it has established that the request mentioned in paragraph 1 of this Article contains required data set forth in the Statute, the Ministry shall transmit it to the competent state authority to proceed as provided for by this Law.

Should the Ministry establish that the request mentioned in paragraph 1 of said Article does not contain required data set forth in the Statute, it shall return it to the International Criminal Court for completion and/or corrigenda.

When co-operating with the International Criminal Court, the state authorities of the Republic of Serbia are obliged to proceed with particular urgency.

Subject matter and territorial jurisdiction of courts, public prosecutor's offices and other state authorities with respect to the procedure of co-operation with the International Criminal Court shall be defined in accordance with the rules of the Criminal Procedure Code, unless otherwise provided by this Law or any separate law.

I BASIC PROVISIONS

Application of Legislation of the Republic of Serbia

Article 7

Competent state authorities involved in co-operation with the International Criminal Court shall undertake actions in a manner provided for by laws and other legal precepts of the Republic of Serbia.
Provisions of this Law and other regulations implemented in the procedure of co-operation with the International Criminal Court shall be interpreted in accordance with the legal system of the Republic of Serbia, in a manner corresponding to the objectives and the meaning of the Statute.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

General Rules of Co-operation and Providing Legal Assistance

Article 14

Pursuant to Article 93 of the Statute, all state authorities shall co-operate through the Ministry to a full extent and in good faith with the International Criminal Court for the purposes of providing legal assistance to said Court, in order to prosecute persons charged with the criminal offences referred to in Article 1 of this Law.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

General Rules of Co-operation and Providing Legal Assistance

Article 14

Pursuant to Article 93 of the Statute, all state authorities shall co-operate through the Ministry to a full extent and in good faith with the International Criminal Court for the purposes of providing legal assistance to said Court, in order to prosecute persons charged with the criminal offences referred to in Article 1 of this Law.

The content of the letter rogatory for providing legal assistance transmitted by the International Criminal Court shall be considered classified and may be published, partially or in full, solely when it is indispensable for the purposes of the execution of the letter rogatory or for other particularly significant circumstances, with prior consent of the International Criminal Court.

In providing the International Criminal Court with legal assistance, the competent state authority shall also undertake actions which have not been specifically sought by the International Criminal Court to be implemented if the actions to be taken are directly linked with the objective of providing legal assistance or where it is necessary for the purposes of identifying the perpetrator of the criminal offence and the collecting of evidence required for the proceedings before the International Criminal Court, and should the collecting of evidence be prevented or significantly impeded.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Attendance of Representatives of the International Criminal Court

Article 15

The state authority undertaking the action to provide legal assistance at the request of the International Criminal Court shall permit representatives thereof to witness the implementation of the legal assistance action.

The representatives of the International Criminal Court witnessing the implementation of the legal assistance action may ask questions and make proposals, and they may be granted video or sound recording of the action upon written request containing rationale should it not hinder the implementation or be inconsistent with justified interests of the persons witnessing the action and/or with the objectives of the criminal proceeding.

At their request the International Criminal Court representatives shall be provided with a copy of the minutes, and/or a copy of the video and sound recording of the legal assistance action.

The International Criminal Court representatives may be exceptionally allowed to also witness an action which excludes the public pursuant to the provisions of the Criminal Procedure Code should it not be contrary to the reasons for which the public is excluded.

In the case referred to in paragraph 4 of this Article, the state authority implementing the action shall specifically bring to the attention of the witnesses their duty to keep all facts they have learnt during the action secret, also warning them about the consequences of disclosing the secret.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Actions of International Criminal Court Representatives in the Territory of the Republic of Serbia

Article 16

By way of exception, at the request of the International Criminal Court, the International Criminal Court Representatives may be allowed to implement certain actions in the territory of the Republic of Serbia.

The actions undertaken from paragraph 1 of this Article must be witnessed by a person designated by the Minister competent for the judiciary.

The International Criminal Court Representatives shall not have the right to carry any weapons in the territory of the Republic of Serbia, and whilst undertaking the actions referred to in paragraph 1 of this Article they must not violate or limit any constitutional rights of the citizens of the Republic of Serbia or the rights relating to witnesses, court experts, suspects or accused persons from the Criminal Procedure Code.

The actions referred to in paragraph 1 of this Article must not be conducted in a coercive manner nor arrest may be resorted to relating to said actions or any other measure of procedural coercion .

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Transfer of Criminal Jurisdiction to the Republic of Serbia

Article 19

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.