EVIDENCE AND MEANS OF EVIDENCE
MEANS OF EVIDENCE
Rogatory commission and delegation
Conditions for disposing the rogatory commission
Art. 132 - When a criminal investigation body or the court cannot hear a witness, perform a field investigation, take away objects or perform any other procedural act, they may address another criminal investigation body or another court, who have the possibility to perform them.
Initiating the criminal action, taking preventive measures, approving the evidence gathering procedure, as well as ordering the other procedural acts or measures are not the object of the rogatory commission.
The rogatory commission may only address a body or a court that are equal in rank.
The content of the rogatory commission
Art. 133 - The cancellation or closing by which the rogatory commission was instituted must include all clarifications on the performance of the act that makes its object, and in case a person is to be heard, the questions that he/she will be asked are also included.
The criminal investigation body or the court that form the rogatory commission may ask other questions too, if their necessity results during the hearing.
The rights of the parties in case of rogatory commission
Art. 134 - When the rogatory commission was ordered by the court, the parties may ask questions that will be communicated to the court which is to form the rogatory commission.
At the same time, any of the parties may ask to be summoned when the rogatory commission is formed.
When the defendant is under arrest, the court that will form the rogatory commission appoints an ex officio defender who will represent the defendant.
Art. 135 - The criminal investigation body or the court may order, under the conditions mentioned in art.132, the performance of a procedural act by delegation as well. Only a hierarchically inferior body or court may be delegated.
The dispositions regarding the rogatory commission are enforced accordingly in the case of delegation.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
b. The questioning of any person detained by order of the Court;
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.