Postponement - ongoing investigation or prosecution

Kingdom of Belgium

Belgium - Act on Cooperation with ICC 2004 EN

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION V POSTPONEMENT OF EXECUTION AND DENIAL OF REQUESTS FOR ASSISTANCE IN CERTAIN SPECIFIC CASES

Article 29
If the immediate execution of a request for assistance would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the central authority may, having obtained the prior opinion of the judicial authorities, postpone the execution of the request for a period of time agreed upon with the Court, in accordance with article 94 of the Statute.

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).