Production of evidence - national procedures for ICC proceedings

Hellenic Republic

Greece - Adaptation of internal law to ICC Statute 2011 EN

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

II. JUDICIAL COOPERATION

Art. 28
Requests for taking and production of evidence

1. Any request for taking and production of evidence, done in English and officially translated in Greek language, shall be directed to the Secretary of State for Justice, Transparency and Human Rights and consequently shall be forwarded to the Office of the Prosecutor of the Court of Appeals.

2. The Prosecutor of the Court of Appeals shall forward the request to the Investigating Judge of the Appeals Court, duly appointed by the Head of the Court's Administration.

3. The Investigating Judge of the Appeals Court may, after duly authorized by the General Attorney of the Supreme Court, travel outside the vicinity of Athens Appeals Court for the purpose of taking and producing evidence or to assign this task to the Investigating Judge of the local Court of 1St Instance.

4. Any act of taking and producing evidence shall be conducted according to the provisions of national legislation. In exceptional circumstances, the Prosecutor of the Appeals Court may allow the persons whose are designated in the request be present and provide their assistance in the course of its execution.

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;