Функционирование постоянного международного уголовного суда (расследование, обвинение, исполнение приговоров, правовая помощь)

Abstract

The providing of realization of investigation and prosecution functions in the international criminal process is greatly important for the International Criminal Court. The existence of a certain function requires its organisation. Organisation of investigation and prosecution within the activities of the court itself can be regarded as the most suitable variant for the International Criminal Court thatexists as a body with jurisdiction parallel to national courts. This institution is established to cooperate closely with national investigation bodies who send there the greater part of the information and data. Simultaneously, international investigations should cooperate with national bodies during their activities in the investigation area. This is the conceptual investigation and prosecution mechanism within the framework of the International Criminal Court. The author also studies the realization of the Court verdicts and the mechanism of legal assistance provided by the national bodies to the Court. The author believes that in case of verdicts for international crime their execution on the international level should also be introduced. Therefore the establishment of the international penitentiary centre is required. As a much cheaper alternative, the author suggests the criminals serving their sentence in the penitentiary bodies of the states that are prepared to receive them. Mutual legal aid among the states is needed during the court examination of a case with international issues involved. It is even more significant in case of establishment of the international legal body called upon to examine complex cases. The fundamental supplementary principle that is basic for the International Criminal Court presupposes close cooperation of the Court and national legal instruments. This aid could actually be called unilateral, since the major flow of the information goes from national bodies to the court and involves as a minimum the establishment of the current livingplace, making depositions, collection of material evidence, service of summons and execution of other legal procedures. The author concludes that the Statute envisages the whole system of bodies and institutions aimed to provide the functioning of the International Criminal Court. They are determined by the Court's nature as a supplementary body to similar national institutions of this kind. At the same time, the concept of the International Criminal Court carries a great impulse for its further development that may lead to the development of the supplementary bodies of the court.