Taking of evidence - national proceedings

Republic of Iraq

Iraq - Criminal Procedure Code 1971 (2010) EN

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 1: Investigating Offences 39-46


Article 41

Crime scene officers are authorized within their areas of competence to inquire into offences and to receive any statements and complaints that may be made in regard to these offences. They are required to assist the investigative judge, [judicial] investigators, police officers and sub-officers19, to pass on to them any information concerning the offences that may come into their possession, to apprehend those who committed the offences and to deliver them to the appropriate authorities. They are also required to record all action taken in official reports signed by them, stating the time and place the action was taken, and to deliver immediately to the investigative judge all statements, complaints, reports and other documents and all impounded items and substances.

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 1: Investigating Offences 39-46

Article 43

When a crime scene officer, within his area of competence as specified in Article 39, is informed or becomes aware that an offence has been committed in the presence of witnesses, he is required to notify the investigative judge and the Public Prosecution of the occurrence of the offence, to go immediately to the place where the offence occurred, to take down in writing a statement from the victim of the offence, to orally question the person about the accusation made against him, to impound any weapons and anything that may appear to him to have been used in the commission of the offence, to examine and preserve any material traces of the offence, to establish the status and whereabouts of the persons involved and or anything else that may assist in investigating the offence, to hear statements by any person who was present or that can obtained from other persons concerning the facts of the case or the perpetrator of the offence and to cause a written record of all such information to be duly made.

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;