Taking of evidence - national procedures for ICC proceedings

Japan

Japan - Act on Cooperation with the International Criminal Court 2007 (2014) EN/Japanese

''Chapter II Cooperation with the ICC, Section 2 Provision of Evidence, etc., Subsection 1 Provision of Evidence, (Measures Upon Completion of a Disposition, etc.) Article 10 (1)''

When the Chief Prosecutor has completed the collection of evidence that is necessary for cooperation through provision of evidence, he/she shall promptly send the collected evidence to the Minister of Justice, with his/her opinion attached thereto. The same shall apply when the head of a national agency provided for in Article 6, paragraph (2), item (iii) has completed the collection of evidence that is necessary for cooperation.
(2) When the Superintendent General of the Metropolitan Police Department or the chief of the Prefectural Police Headquarters has completed the collection of evidence that is necessary for cooperation, the Prefectural Public Safety Commission shall promptly send the collected evidence to the National Public Safety Commission, with its opinion attached thereto.
(3) When the National Public Safety Commission has received the evidence sent thereto under the preceding paragraph, it shall promptly send the same to the Minister of Justice, with its opinion attached thereto.
(4) A custodian of documents that are connected with a legal action who has received documents concerning a request for cooperation through provision of evidence sent thereto pursuant to the provisions of Article 6, paragraph (3), shall promptly send the relevant documents in his/her custody or certified copies thereof to the Minister of Justice, with his/her opinion attached thereto; provided, however, that when he/she finds it difficult to immediately send the same, he/she shall promptly notify the Minister of Justice to that effect.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;