National procedures for execution of cooperation request

Republic of Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002

II OBLIGATION TO CO-OPERATE

Article 4
(1) The ministry responsible for justice (hereinafter: the Ministry) shall be responsible for coordinated and current co-operation between the Republic of Slovenia and the Court; for this purpose it is responsible for the receipt and translation of all writings of the Court in connection with procedures under this Act.
(2) The ministry shall forward notifications referred to in the previous paragraph to the Supreme Court of the Republic of Slovenia, the Office of State Prosecutor of the Republic of Slovenia and the General Police Administration, and as necessary also directly to other state prosecutors and courts and other state bodies.
(3) National bodies referred to in the previous paragraph shall be obliged to ensure the mutual exchange of information in connection with received notifications.
(4) The national bodies referred to in the second paragraph of this Article shall communicate with the Court through the Ministry, unless in individual cases the Statute expressly provides for direct communication or unless the special circumstances of the case call for immediate action.
(5) The Ministry shall be obliged to confirm the identity and authenticity of the notifications referred to in the first paragraph of this Article before forwarding them to other competent bodies.

III MUTATIS MUTANDIS APPLICATION OF STATUTES


Article 5

(1) With regard to co-operation with the Court, matters not otherwise regulated by this Act shall be handled by mutatis mutandis application of the act regulating criminal proceedings, the act regulating forfeiture of the proceeds of a criminal offence and the statute regulating the enforcement of penal sanctions.

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:

(a) The identification and whereabouts of persons or the location of items;

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

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.