Availability of additional procedures

Serbia

Criminal Procedure Code

Part III
SPECIAL PROCEEDINGS

Chapter XXXIV
PROCEDURE FOR INTERNATIONAL LEGAL ASSISTANCE AND ENFORCEMENT OF INTERNATIONAL TREATIES IN CRIMINAL MATTERS

Additional legislation
Article 515
The minister in charge of judiciary shall more precisely regulate the contents of the request and other issues related to international legal assistance in criminal matters which are not specified by the present Code.

Law on cooperation with the International Criminal Court

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.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

General Rules of Co-operation and Providing Legal Assistance

Article 14

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.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.