PART ONE OPENING PROVISIONS
Section 8 Forms of Cooperation
(1) Judicial authorities will liaise with foreign authorities through their central authorities; they may liaise directly, where an international treaty or this Act allows it.
(2) The central authorities will liaise with foreign authorities via diplomatic channels; they
may liaise in another way, where an international treaty or this Act allows it.
(3) Liaison with foreign authorities will in principle be realized in documentary form.
(4) In case a judicial authority or central authority requests international legal assistance
with a foreign state vie telephone, facsimile, electronically, by the means of international police cooperation, personally or otherwise, they will always subsequently send the original of the request in documentary form to the foreign authority, unless this Act or an international treaty provide otherwise, or unless the foreign authority expressly declares that they do not require sending the original of the request in documentary form.
(5) If the matter clearly cannot be delayed and if there is no doubt about the credibility of the request, the judicial or central authority may initiate execution of actions of international judicial cooperation on the basis of a request of a foreign authority made via telephone, facsimile, electronically, through international police cooperation, personally via a representative of the foreign authority or otherwise. Unless an international treaty or this Act provide otherwise, they will always request the foreign authority to send the original of the request in documentary form within a time period specified by them.
(6) By the means of international police cooperation, judicial and central authorities may also exchange information with foreign authorities concerning execution of requests for international judicial cooperation, including information on time and other details of handover, takeover and transit of persons and items.
PART ONE OPENING PROVISIONS
(2) Evidence, as well as other information acquired on the basis of a request of a foreign authority for international judicial cooperation may be presented to the foreign authority only after the original of this request is delivered, unless the circumstances of the case necessitate its immediate handover.
PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 1 Requesting Legal Assistance in a Foreign State
Legal assistance in a foreign state may be requested after initiating actions in criminal proceedings and for the purpose of these proceedings.
(1) Legal assistance in a foreign state may be requested solely on the basis of a request of the public prosecutor and after lodging an indictment, on the basis of a request of the court. This does not preclude the public prosecutor from requesting legal assistance from his own initiative also after lodging an indictment, if it concerns obtaining evidence necessary for representing prosecution in trial proceedings. The public prosecutor will submit the request for legal assistance to the Supreme Public Prosecutor’s Office, the court to the Ministry.
(2) The central authority will review the request for legal assistance, especially with regard to the conditions and essentials implied by this Act or by an international treaty, and to the requirements arising from previous mutual relations, and will send it to the foreign state, unless it returns it along with stating reasons, for which it was impossible to send it to the foreign state. In relation to reviewing the request for legal assistance the central authority may request the judicial authority to make necessary corrections and amendments. Opinion of the central authority is binding for the judicial authority.
(3) The judicial authority may send a request for legal assistance and all other documents directly to the foreign authority only if an international treaty provides for a direct contact between judicial authorities in the course of realization of legal assistance.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.