Coopération de l’Etat

Croatie

Croatia - Implementation of Statute of ICC 2003 (2004) EN

I. GENERAL PROVISIONS

AREA OF APPLICATION
Article 1

This Law shall regulate the implementation of the Statute of the International Criminal Court which the Republic of Croatia has ratified by adopting the Law on the Ratification of the Rome Statute of the International Court (Official Gazette - International Treaties, No. 5/2001), the cooperation of the Republic of Croatia with the International Criminal Court, and the specific prosecutions of criminal offences prescribed by the Article 5 of the Statute, criminal offences against the values protected by the international law referred to in Articles 156 - 168, 187, 187a and 187b of the Penal Code (Official Gazette, No. 110/97, 27/98, 129/00, 51/01 and 111/03), and other crimes under the jurisdiction of the international criminal courts, as well as the prosecution of criminal offences against the international justice.

I. GENERAL PROVISIONS
APPLICATION OF NATIONAL LEGISLATION
Article 6
(2) The Law and other regulations of the Republic of Croatia applicable to the co-operation with the International Criminal Court shall be construed and applied in a way corresponding with the purpose and intent of the Statute of the International Criminal Court.

III. NOTIFICATION TO THE PROSECUTOR AND PROCEDURES UPON THE PROSECUTOR'S NOTIFICATION

NOTIFICATION TO THE PROSECUTOR
Article 17

(1) When state authorities, legal and natural persons have the knowledge of a criminal offence being committed within the jurisdiction of the International Criminal Court, irrespective of the place where it was committed, and other than a crime already being prosecuted in the Republic of Croatia, before the International Criminal Court or competent court of another state, shall notify thereof the competent state attorney.
(2) The competent state attorney shall, provided that the requirements under the Criminal Procedure Act are met, take necessary steps and institute the criminal proceeding.
(3) If for actual or legal reasons such criminal proceeding may not be initiated in the Republic of Croatia, the State Attorney General shall notify thereof the Government which in turn, in accordance with Article 14 of the Statute, may notify the Prosecutor.

V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT
PRINCIPLES OF COOPERATION
Article 23
(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with the Article 93 of the Statute in investigations and criminal prosecution of criminal offences within its competence, proceeding in the manner prescribed in Article 3 hereof.
(2) The request for the cooperation sent by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfillment, or for other particularly important reasons.
(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the Statute's goals and the purpose of each individual activity carried out.
(4) The competent government bodies shall also undertake the activities that the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 1

(1) This Law shall regulate the implementation of the Statute of the International Criminal Court (hereinafter: the Statute), which the Republic of Croatia has ratified by adopting the Law on the Ratification of the Rome Statute of the International Court (Official Gazette — International Treaties, No. 5/2001), the co-operation of the Republic of Croatia with the International Criminal Court, and the specific prosecution of crimes against international law of war and humanitarian law and other crimes within the jurisdiction of international criminal courts (hereinafter: Crimes), as well as the prosecution of crimes against international justice (Article ... of the Criminal Law).

(2) This Law shall also be referred to as the Law on Crimes Against International Law.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 6

(3) The Law and other regulations of the Republic of Croatia applicable in co-operation with the International Criminal Court shall be construed and applied in a way corresponding to the purpose and intent of the Statute of the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

III. NOTIFICATION T O THE PROSECUTOR AND ACTION T O BE TAKEN UPON THE PROSECUTOR'S NOTIFICATION

Article 17

(1) State authorities, legal and natural persons with knowledge of a crime within the competence of the International Criminal Court, irrespective of the place where it was committed and other than a crime already prosecuted in the Republic of Croatia or before the International Criminal Court or a competent court of another state, shall notify thereof the responsible public attorney.

(2) The responsible public attorney, provided that requirements under the Criminal Procedure Act are met, shall take necessary steps and institute a prosecution procedure.

(3) If for actual or legal reasons such criminal prosecution cannot be initiated in the Republic of Croatia, the Public Attorney General shall notify thereof the Government of the Republic of Croatia which in turn, in accordance with Article 14 of the Statute, may refer the case to the Prosecutor.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

V COOPERATION WITH INTERNATIONAL CRIMINAL COURT

Article 23

(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with Article 93 of the Statute in investigations and criminal prosecution of crimes within its competence, proceeding in the manner prescribed in Art. 3 hereof.

(2) The cooperation request by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfilment, or for other particularly important reasons.

(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the goals from the Statute and the purpose of each individual activity carried out.

(4) The competent government bodies shall also undertake the activities which the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before the International Criminal Court.

Statut de Rome

Article 86 Obligation générale de coopérer

Conformément aux dispositions du présent Statut, les États Parties coopèrent pleinement avec la Cour dans les enquêtes et poursuites qu'elle mène pour les crimes relevant de sa compétence.