I BASIC PROVISIONS

The Meaning of Terms Used in the Law

Article 2

“Competent Chamber“ shall refer to the Chamber of the competent court, composed of three judges, deliberating in session on appeals against rulings passed by the Investigative Judge, passing a ruling at the request of the International Criminal Court for surrender of an accused person.

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

Official Communications with the International Criminal Court

Article 6

Official communications between state authorities and the International Criminal Court shall be conducted through diplomatic channels.

By reason of urgency, including other justified reasons, official communications may also run directly or via the International Criminal Police Organisation (Interpol), the Ministry being notified thereabout without delay.

The Ministry may in any case require that official communications be conducted through diplomatic channels.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Transfer of Criminal Jurisdiction to the Republic of Serbia

Article 19

When the International Criminal Court, pursuant to the Statute and the Rules of Procedure and Evidence, transfers to the Republic of Serbia the criminal prosecution of the crime from Article 1 of this Law, the competent Public Prosecutor shall instigate criminal proceedings before the competent court.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Decision Taking on the Request of the International Criminal Court

Article 26

The request for surrender of the accused person to the International Criminal Court shall be decided upon by the competent Chamber.

IX TRANSITIONAL PROVISION

Competence of the Courts

Article 40

The Ministry shall obtain the opinion referred to in Article 10. paragraph 3 hereof from the Supreme Court of Serbia until the set-up of activities of the Supreme Court of Cassation.
The District Court in Belgrade exercises jurisdictions of the Higher Court in Belgrade referred to in Article 22, paragraph 3 hereof until the set-up of activities of the latter.