CHAPTER 3. COOPERATION AS REFERRED TO IN ARTICLE 93 OF THE STATUTE
§ 2. Actions of the public prosecutor and the investigating judge
Section 50
1. The public prosecutor shall transmit the request for cooperation to the investigating judge if it involves:
(a) questioning persons who are not prepared to appear voluntarily and give the requested testimony;
(b) cooperation in a hearing by the ICC of a witness or expert by means of video conferencing;
(c) an express request for a sworn statement or a statement made in the presence of a judge;
(d) seizure of documentary evidence if necessary with a view to achieving the desired result.
2. The public prosecutor may transmit the request of the ICC to the investigating judge in cases other than those referred to in subsection 1.
3. The transmission of the request shall be by means of a written application describing the action required on the part of the investigating judge.
4. The application referred to in subsection 3 may be withdrawn at any time.
Section 51
1. An application as referred to in section 50, subsection 3, has the same legal consequences as an application to initiate a preliminary judicial investigation (gerechtelijk vooronderzoek), in respect of:
(a) the powers of the investigating judge with regard to the suspects, witnesses and experts to be heard by him, as well as those with regard to the delivery or transmission of documentary evidence, the taking of measures in the interests of the investigation, and the carrying out of DNA tests, including the power to order the taking of cell material for this purpose, the entry into premises, the search of premises, the seizure of documentary evidence and investigation of data in automated databases;
(b) the powers of the public prosecutor;
(c) the rights and duties of the persons to be questioned by the investigating judge;
(d) legal assistance by counsel;
(e) the actions of the clerk.
2. Notwithstanding subsection 1, an application as referred to in section 50, subsection 3, which has been made with a view to executing a request to cooperate in a hearing by the ICC of a witness or expert by means of video conferencing, shall have the same legal consequences as an application to institute a preliminary judicial investigation in so far as it concerns the application of articles 190 paragraphs 1 and 4, 191 paragraphs 1 and 4, 210 paragraph 1 second sentence, 213, 215, 217-219a, 221-225, 226a paragraph 1, 226c paragraph 1, 226f and 236 of the Code of Criminal Procedure.
3. When a request of the ICC for cooperation is executed, no use may be made of coercive measures, other than in accordance with subsections 1 and 2.
Section 52
1. In so far as the request of the ICC for cooperation involves:
(a) telecommunication tapping;
(b) systematic surveillance of persons;
(c) infiltration;
(d) pseudo purchase or services;
(e) systematic gathering of information about a person who is under investigation;
(f) undercover entry into a closed place;
(g) the recording of a confidential communication by means of technical equipment;
(h) an exploratory investigation
the public prosecutor may exercise the powers granted to him for this purpose in Titles IVa, V, Va and Vc of Book 1 of the Code of Criminal Procedure. Article 126ff of the Code of Criminal Procedure may also be applied where the scope of the request makes this necessary.
2. When a request of the ICC for cooperation is executed, no use may be made of the powers referred to in subsection 1 and article 126ff of the Code of Criminal Procedure may not be applied other than in accordance with subsection 1.
3. Records of proceedings and other objects acquired by application of one of the powers to tap telecommunications or record confidential communications by means of technical equipment may be handed over to the ICC in so far as the District Court grants leave for this purpose. Articles 21-25 of the Code of Criminal Procedure shall apply mutatis mutandis.
4. Articles 126aa paragraph 2, and 126bb-126dd of the Code of Criminal Procedure shall apply mutatis mutandis. Article 126cc shall apply only in so far as the relevant records of proceedings and other objects have not been handed over to the ICC. The public prosecutor is responsible for ensuring that a person to whom the records and other objects relate may inspect them at some point.