Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 1: Requests for Legal Assistance 353-356
Article 353 If a foreign state wants to take measures to pursue an investigation into any offence by means of the judicial authorities in Iraq it must send a request to this effect through diplomatic channels to the Ministry of Justice and the request must be accompanied by a complete statement of the
circumstances of the offence, the evidence for the charge the paragraphs of the law which apply and a detailed specification of the measures which it wishes to take.
Article 354
A. If the Ministry of Justice considers that the request meets in full all its legal conditions and that its implementation does not contravene the public regime in Iraq, it will refer it to the investigative judge in whose geographical area it falls in order to achieve the requested measures and a representative from the state requesting the legal assistance is permitted to come and carry them out.
B. The Ministry of Justice has the right to ask the state requesting the legal assistance to deposit an appropriate sum in order to cover witness expenses, experts' fees and charges for documents etc.
C. If he requested measures are carried out the investigative judge will submit the documents to the Ministry of Justice for forwarding to the foreign state. If the Iraqi judicial authorities request legal assistance from the judicial authorities in another state to carry out specific measures, the request win be submitted to the Ministry of Justice so that it can send it through diplomatic channels to the judicial authorities in that state; the judicial measures which are taken in accordance with this legal assistance will have the same legal effect they would- have had if they had been taken the judicial authorities in Iraq.
Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 1: Requests for Legal Assistance 353-356
Article 353 If a foreign state wants to take measures to pursue an investigation into any offence by means of the judicial authorities in Iraq it must send a request to this effect through diplomatic channels to the Ministry of Justice and the request must be accompanied by a complete statement of the
circumstances of the offence, the evidence for the charge the paragraphs of the law which apply and a detailed specification of the measures which it wishes to take.
Article 354
A. If the Ministry of Justice considers that the request meets in full all its legal conditions and that its implementation does not contravene the public regime in Iraq, it will refer it to the investigative judge in whose geographical area it falls in order to achieve the requested measures and a representative from the state requesting the legal assistance is permitted to come and carry them out.
B. The Ministry of Justice has the right to ask the state requesting the legal assistance to deposit an appropriate sum in order to cover witness expenses, experts' fees and charges for documents etc.
C. If he requested measures are carried out the investigative judge will submit the documents to the Ministry of Justice for forwarding to the foreign state. If the Iraqi judicial authorities request legal assistance from the judicial authorities in another state to carry out specific measures, the request win be submitted to the Ministry of Justice so that it can send it through diplomatic channels to the judicial authorities in that state; the judicial measures which are taken in accordance with this legal assistance will have the same legal effect they would- have had if they had been taken the judicial authorities in Iraq.
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.