Rules of Procedure and Evidence International Criminal Court:Rule 214 Request to prosecute or enforce a sentence for prior conduct

Rules of Procedure and Evidence International Criminal Court

Rule 214 Request to prosecute or enforce a sentence for prior conduct

Geldend

Documentgegevens:

Geldend vanaf 09-09-2002

Bronpublicatie:: 09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
Inwerkingtreding: 09-09-2002
Bronpublicatie inwerkingtreding:: 09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
Vakgebied(en): Internationaal strafrecht / Internationale tribunalen

1.

For the application of article 108, when the State of enforcement wishes to prosecute or enforce a sentence against the sentenced person for any conduct engaged in prior to that person's transfer, it shall notify its intention to the Presidency and transmit to it the following documents:

(a): A statement of the facts of the case and their legal characterization;
(b): A copy of any applicable legal provisions, including those concerning the statute of limitation and the applicable penalties;
(c): A copy of any sentence, warrant of arrest or other document having the same force, or of any other legal writ which the State intends to enforce;
(d): A protocol containing views of the sentenced person obtained after the person has been informed sufficiently about the proceedings.

2.

In the event of a request for extradition made by another State, the State of enforcement shall transmit the entire request to the Presidency with a protocol containing the views of the sentenced person obtained after informing the person sufficiently about the extradition request.

3.

The Presidency may in all cases request any document or additional information from the State of enforcement or the State requesting extradition.

4.

If the person was surrendered to the Court by a State other than the State of enforcement or the State seeking extradition, the Presidency shall consult with the State that surrendered the person and take into account any views expressed by that State.

5.

Any information or documents transmitted to the Presidency under sub-rules 1 to 4 shall be transmitted to the Prosecutor, who may comment.

6.

The Presidency may decide to conduct a hearing.