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"РИМСКИЙ СТАТУТ МЕЖДУНАРОДНОГО УГОЛОВНОГО СУДА" [рус., англ.] (Вместе с "ПОСОБИЕМ ДЛЯ РАТИФИКАЦИИ И ИМПЛЕМЕНТАЦИИ...") (Принят в г. Риме 17.07.1998 Дипломатической конференцией полномочных представителей под эгидой ООН по учреждению Международного уголовного суда)





issible under article 17; and
c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.
If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph "c" above, he or she shall inform the Pre-Trial Chamber.
2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:
a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;
b) The case is inadmissible under article 17; or
c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;
the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph "b", of his or her conclusion and the reasons for the conclusion.
3. a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph "b", the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.
b) In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 "c" or 2 "c". In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
4. The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.

Article 54

Duties and powers of the Prosecutor with respect to
investigations

1. The Prosecutor shall:
a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;
b) Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and
c) Fully respect the rights of persons arising under this Statute.
2. The Prosecutor may conduct investigations on the territory of a State:
a) In accordance with the provisions of Part 9; or
b) As authorized by the Pre-Trial Chamber under article 57, paragraph 3 "d".
3. The Prosecutor may:
a) Collect and examine evidence;
b) Request the presence of and question persons being investigated, victims and witnesses;
c) Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and / or mandate;
d) Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;
e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
f) Take ne



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