Postponement - ongoing investigation or prosecution

Republic of Montenegro

Montenegro - Mutual Legal Assistance in Criminal Matters 2008 (EN)

Article 22
(2) When he grants the extradition, the Minister may make a decision to postpone the extradition because criminal proceedings are underway before a domestic court for another criminal offence against the person claimed or because this person is serving the imprisonment sentence in Montenegro.

Article 48
(1) Domestic judicial authority may delay provision of international legal assistance referred to in Article 42 of this Law if this is necessary for criminal prosecution or conduct of criminal proceedings which is pending before domestic judicial authorities, and which is related to the letter rogatory delivered.
(2) If the domestic judicial authority delays the provision of international legal assistance, in accordance with paragraph 1 above, it shall notify the requesting state thereof and state reasons for delay.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).