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The Law On The Territory Of The Former Yugoslavia, The International Criminal Tribunal For The Powers Of The Court Of Justice On The Legal Assistance And

Original Language Title: Laki entisen Jugoslavian alueella tehtyjä rikoksia käsittelevän sotarikostuomioistuimen toimivallasta ja tuomioistuimelle annettavasta oikeusavusta

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Law on jurisdiction and judicial assistance to the Tribunal for the crimes committed in the former Yugoslavia

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament, which has been adopted in the manner provided for in Article 69 (1) of the Statutes:

ARTICLE 1
Scope of law

International Criminal Tribunal for the former Yugoslavia ( War crimes tribunal ) In order to comply with United Nations Security Council Resolution 827 (1993) and the Statute of the War Crimes Tribunal, adopted by the Resolution of the United Nations Security Council, this law provides for:

(1) the jurisdiction of the War Crimes Tribunal and the Finnish courts;

(2) recognition and enforcement of decisions by the War Crimes Tribunal in Finland;

(3) extradition on a matter falling within the jurisdiction of the War Crimes Tribunal; and

(4) other international legal assistance and cooperation between the War Crimes Tribunal and the Finnish courts and other competent authorities.

ARTICLE 2
Duties of the Ministry of Justice in cooperation and legal assistance

The Ministry of Justice receives requests and declarations made by the War Crimes Tribunal for dealing with a criminal case under the jurisdiction of the War Crimes Tribunal, including requests for extradition and The implementation of the decisions of the War Crimes Tribunal, and shall, either itself or through the competent courts or other competent authorities, arrange for the execution of requests.

The replies, reports and notifications to be sent to the Tribunal shall also be forwarded through the Ministry of Justice when the Ministry of Justice has not itself taken care of the application, subject to request.

Paragraphs 1 and 2 shall not prevent the war crimes tribunal from having direct contact with the competent Finnish authorities or contacts with a diplomatic or international criminal police organisation ( Interpol ) Mediated.

ARTICLE 3
The jurisdiction of the War Crimes Tribunal and the Finnish courts and the binding nature of the decisions of the War Crimes Tribunal in Finland

Criminal proceedings relating to the violation of the 1949 Geneva Conventions on the protection of the victims of war, as referred to in Articles 2 to 5 of the Statute of the Court of War of the former Yugoslavia after 31 December 1990 (SopS 7 and 8/55), violations of the laws and customs of war, genocide and crimes against humanity, fall within the jurisdiction of the War Crimes Tribunal, as laid down in Articles 6 to 10 of the Statute.

A case pending before the War Crimes Tribunal or a decision by the War Crimes Tribunal shall not be investigated by the Court of Finland.

Paragraph 1 shall not prevent the Court of Finland from investigating the criminal case in accordance with Finnish law and in accordance with the procedure laid down by the Finnish law, unless the Tribunal before or after the initiation of the case is governed by Article 9 of the Statute. In accordance with Article 2 (2), it has declared that it shall retain exclusive competence in the matter.

§ 4
Extradition for the crime

A person in Finland who is suspected of having committed a criminal offence within the meaning of Article 3 (1) or who has been sentenced by a war crimes tribunal to a custodial sentence shall be handed over to the War Crimes Tribunal, at the request of the war crimes tribunal, as The request has been made.

The procedure to be followed for extradition is otherwise applicable, mutatis mutandis, in respect of the law on extradition (186/2015) Provides.

§ 5
Detention in order to ensure transit

In order to ensure the security of transit through the territory of Finland, a defendant or a suspected person may be detained for the purpose of securing transit through the territory of Finland, as referred to in the War Crimes Tribunal. Articles 19 and 20 of the extradition law.

ARTICLE 6
Service, evidence and other legal aid

The Finnish courts and other competent authorities shall be required to provide legal assistance requested by the Tribunal, in the service of invitations, challenges, decisions and other documents, in the consultation of witnesses and experts, and In order to obtain other evidence, as well as to provide further legal assistance for the purposes of criminal proceedings under the jurisdiction of the Tribunal.

Legal aid shall be provided in accordance with, where appropriate, the Law on International Legal Assistance in Criminal Matters (1994) , subject to request. In the case of legal aid, coercive measures may be used in the form of coercive measures (50/87) Provides.

§ 7
Acquisition of evidence and enforcement of investigations in Finland

The War Crimes Tribunal shall have the right in the territory of Finland to hear suspects, witnesses and victims of crime, to conduct investigations and studies, and to obtain legal assistance from the Finnish courts and other competent authorities for this purpose. As provided for in Article 6.

§ 8 (12/05/2015)
Responsibilities of the witness and expert

The witness or expert who has been informed in Finland of the call of the war crimes tribunal to appear before the War Crimes Tribunal shall be obliged to comply with the invitation.

If a witness who has been referred to a war crimes tribunal in accordance with paragraph 1 remains without a legal obstacle to the court, without authorisation, or refuses to take the oath, or refuses to testify, or refuses to testify, On the witness or answer, he shall be condemned to the fine and, where appropriate, by periodic penalty payment or imprisonment to fulfil his obligations. The penalty payment and imprisonment shall be applied Chapter 17 of the Court of Justice Articles 62 and 63.

A witness or an expert who, in connection with a war crimes tribunal, has issued a false statement or without a legitimate reason for hiding something which would have been illuminated by his own record, must be condemned to the sentence from a false statement as Criminal law (39/1889) Provides.

The case concerning the insubordination of the witness or expert or the issue of an unsubstantiated statement shall be brought before the court of the court of residence, stay or meeting of the prosecutor, who has been informed by the War Crimes Tribunal and by the Ministry of Justice.

L to 747/2015 Article 8 will enter into force on 1 January 2016. The previous wording reads:

§ 8
Responsibilities of the witness and expert

The witness or expert who has been informed in Finland of the call of the war crimes tribunal to appear before the War Crimes Tribunal shall be obliged to comply with the invitation.

If a witness who has been referred to a war crimes tribunal in accordance with paragraph 1 remains without a legal obstacle to the court, without authorisation, or refuses to take the oath, or refuses to testify, or refuses to testify, On the witness or answer, he must be condemned to the fine and, where appropriate, by periodic penalty payment or imprisonment to fulfil his obligations as Chapter 17 of the Court of Justice Articles 36 and 37 provide.

A witness or an expert who, in connection with a war crimes tribunal, has issued a false statement or without a legitimate reason for hiding something which would have been illuminated by his own record, must be condemned to the sentence from a false statement as Article 1 of Chapter 17 of the Penal Code Provides.

The case for insubordination of the witness or expert or of a false statement shall be made by the War Crimes Tribunal and by the Ministry of Justice of the place of residence, residence or meeting of the accused. The court.

§ 9
Execution of the advance

The witness or expert who has been summoned from Finland to the War Crimes Tribunal shall, upon request, carry out an advance, in accordance with an advance, in accordance with the provisions of the Law on State resources (666/82) The advance is provided.

A request for advance payment shall be made to the District Court which has taken care of the invitation to the witness or expert. The granting of the advance is decided by the Ministry of Justice on a proposal from the District Court.

The advance shall be recovered only from the witness or expert who shall remain in the court or otherwise fail to meet the person for whom he has been summoned. The recovery of the advance shall be decided by the district court referred to in paragraph 2, on a proposal from the Ministry of Justice.

ARTICLE 10
Immunity and free passage of the hearing

The witness, the expert and the person concerned, as well as any other person who has been invited by the War Crimes Tribunal from a foreign country to the War Crimes Tribunal, shall have the right to free passage and the right to immunity in the territory of Finland , in accordance with the provisions of the Law on the immunity of persons taking part in a trial and pre-trial (1994) Provides. However, the defendant and the person suspected of having committed a criminal offence may be detained in the manner provided for in Article 5.

The right to free passage and integrity shall be valid for the period necessary for the proper organisation of the transit procedure.

ARTICLE 11
Implementation of the exemption sentence in Finland

The penalty for deprivation of liberty imposed by the War Crimes Tribunal must be enforced at the request of the War Crimes Tribunal in Finland, as in the case of international cooperation in the enforcement of certain criminal sanctions. Law (2087) Provides. The implementation of the sanction shall not apply to the provisions of Article 3 of the Law on the conditions of implementation.

The implementation of the penalty is provided for by the adoption of the necessary provisions ( Continued implementation ) As provided for in Article 7 of the Law referred to in paragraph 1.

The discharge of the sentenced person and the release of conditional release shall be determined by the Tribunal as provided for in Article 28 of the Statute.

ARTICLE 12
Return of property and proceeds from crime

The decision of the War Crimes Tribunal on the confiscation and return of property and proceeds from crime must be implemented in Finland, in accordance with the provisions of international cooperation in criminal matters The law on the enforcement of sanctions. The implementation of the sanction shall not apply to the provisions of Article 3 of the Law on the conditions of implementation.

The property and the proceeds of the crime shall be returned by the Ministry of Justice, as set out in the request of the Tribunal.

ARTICLE 13
More detailed provisions

More detailed provisions on the application and enforcement of this law shall be adopted, where appropriate, by a Regulation.

ARTICLE 14
Entry into force

This Act shall enter into force on 15 January 1994.

THEY 278/93 , LaVM 27/93

Entry into force and application of amending acts:

12.6.2015/747:

This Act shall enter into force on 1 January 2016.

THEY 46/2014 , LaVM 19/2014, EV 274/2014