Law On Implementation In Norwegian Law Of The International Criminal Statute On 17 July 1998 (The Rome Statute)

Original Language Title: Lov om gjennomføring i norsk rett av Den internasjonale straffedomstols vedtekter 17. juli 1998 (Roma-vedtektene)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-06-15-65

Law on implementation in Norwegian law of the International Criminal Statute on 17 July 1998 (the Rome Statute)


Date LOV-2001-06-15-65


Affairs Ministry of Justice

Edited
LOV-2016-04-22-3


Published in 2001 Booklet 7


Commencement 01.07.2002

Changes


Promulgated


Short Title
Law on Implementation of the Rome Statute

§ 1. Scope etc. Requests for surrender and other forms of assistance put forward by the International Criminal Court (the Court) in accordance with the Statute of the Court of 17 July 1998 (the Rome Statute), processed in accordance with the provisions of this law.
Such requests shall be submitted to the Ministry.
Requests from the Court shall be complied with as far as the Rome Statute.

§ 2. The handover request of the Court, a person is suspected, accused or convicted of a crime covered by the Court's jurisdiction and who reside in this country, surrendered to the Court.
When processing the request for surrender, the provisions of the Act 13 June 1975 no. 39 on the extradition of criminals, Chapter II, to the extent applicable.
Ministry may consent to a person who is handed over from one foreign state to the Court recognized in the Norwegian zone.

§ 3. Other assistance Norwegian courts and other authorities may upon request, provide the Court with such assistance as stated in the Rome Statute Article 93.
The request is processed and implemented in accordance with Norwegian law insofar as appropriate. Court has requested that a particular procedure be followed shall be complied with unless the procedure is prohibited by Norwegian law.
Ministry may request authorize the Court to examine witnesses and carry out other investigations in the realm.

§ 4. Use of coercive request of the Court may be used coercive measures. The rules of Act 13 June 1975 no. 39 on the extradition of criminals, etc. §§ 15, 20 and 24 apply correspondingly insofar as appropriate. If there is a condition to use coercive means that there are reasonable grounds for suspicion of an offense, the Court's finding of this applied. A person can be arrested and detained at the request of the Court, even though the terms of the Criminal Procedure Act §§ 170a and 171 are not met.
A person who is arrested has the right to apply for interim release pending surrender. The person may be provisionally released if the Rome Statute conditions for this exist. Before the court releases the person, the Court shall be notified and given an opportunity to comment.

§ 5. The suspect's right to defense counsel A person who is suspected or accused of offenses covered by the Court's jurisdiction, have the right to the assistance of counsel of his choice at any stage of the case. This shall be acquainted with before being questioned.
If the Court has requested the handover or other assistance from Norwegian authorities, shall be appointed public defender for the person to the same extent as for Extradition Act § 16 first paragraph and § 20, and the Criminal Procedure Act §§ 97, 98, 100, second paragraph and 100 a.

§ 6 for the aggrieved party the right to counsel The accused in cases that are pending in the Court may, upon request appoint a lawyer if there is reason to believe that the victim as a result of action serious injury to body or health, and it is considered to be a need for a lawyer. The provisions of the Criminal Procedure Act, Chapter 9 apply correspondingly in so far as appropriate.

§ 7. Exemption from confidentiality by explanation and presentation of other evidence before the Court the King can authorize the Court may receive explanation about something that is kept secret for reasons of national security or relations with a foreign state.
Confidentiality under other legislation or instructions shall not preclude a person from testifying before the Court in so far as the Court so orders.
Provisions of subsections apply correspondingly to the disclosure of documents or other things that contain confidential information.

§ 8. Anonymous testimony request or consent of the Court the court may decide anonymous witnesses for court or the police in the same degree as in cases concerning crimes of a similar nature that are prosecuted in the realm. Criminal Procedure Law §§ 130 and 234a shall apply correspondingly insofar as appropriate.

§ 9. Res judicata may be prosecuted or handed down judgment in the realm of action that person has been convicted or acquitted by the Court.


§ 10. Enforcement of custodial in Norway Ministry may consent to a custodial sentence imposed by the Court enforced in Norway, and request the prosecuting authority to commence enforcement. Enforcement is carried out in accordance with the provisions of the Rome Statute part 10 and the conditions attached by the Ministry to receive convicts incarcerated.

§ 11. Enforcement of other sanctions in Norway Payment of fines imposed by the Court is enforceable in Norway. The same applies to forfeitures and reparations to aggrieved as ordered by the Court. Enforcement of pecuniary claims the Criminal Procedure Act §§ 456 and 457 corresponding to the extent applicable.

§ 12. Penalties for offenses against the Court etc.. For criminal liability for false testimony before the Court applies the Penal Code § 221 accordingly.
This section also applies to offenses that are committed abroad by a Norwegian citizen.

§ 13. Prosecution in the realm Criminal Procedure Law § 65 no. 5 does not apply to prosecution in the realm of offenses covered by the Court's jurisdiction.

§ 14. Regulations The King may issue further regulations to supplement and implement this Act.

§ 15. Commencement This Act applies from the tid1 Rome Statute enters into force for Norway.

§ 16. (Repealed by Act 28 June 2002 no. 54)