Production of evidence - national procedures for ICC proceedings

Mongolia

Criminal Procedure Law of Mongolia

PART XI
MISCELLANEOUS

CHAPTER FORTY SIX
TRANSFER OF GUILTY PERSON FOR PURPOSES OF CHARGING WITH CRIMINAL RESPONSIBILITIES AND ENFORCING DECREE OF SENTENCING

Article 409. Transfer of Property and Other Evidence

409.1. In transferring a foreign citizen or stateless person to a foreign country according to rules
provided by this Law, the tools and other items used in perpetrating of crime and other property bearing signs of the crime or obtained through criminal activities and other necessary evidence shall be transferred.

409.2. If the evidence described in Article 409.1. of this Law is required for resolution of other cases it may be refused to transfer it.

409.3. The property described in Article 409.1. of this Law shall be transferred when the relevant
organization of foreign country issues a guarantee to return the property upon resolution of the case.

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;