Questioning of persons - national proceedings

Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Section 2 Criminal Case

Chapter 3 Crime Detection, Arrest of the Accused Person and Collecting Evidence

Crime Scene Evacuation Forbiddance and People Summons

Article 84

(2) Police can summon those persons/witnesses whom they feel could provide additional information about the incident.

Section 2 Criminal Case

Chapter 10 Investigation of Crime

Questioning of the Accused Person and His/Her Verbal Statements

Article 156:

The prosecutor is obligated to ask the suspect in the beginning to state his/her role in the crime. If he/she confesses to the material element of the crime or to a part of it, or provides information with respect to the issue, the prosecutor shall request him/her to provide further details as to how the criminal action was committed.

During questioning, the accused person is to be given the opportunity to state his/her reasons for elimination of suspicion and to express the facts that are in his/her favor.

Afghanistan - Law on Extradition and Legal Cooperation 2013 EN

Chapter 3 Legal Cooperation

Article Twenty Six

Request for cooperation:

(1) A request for legal cooperation shall be accepted and presented in the detection, investigation and trial stages, depending upon the particular situation, and in accordance with the recommendations from the Ministry of Interior, the Attorney General’s Office and High Council of the Supreme Court, and can include the following:

a. Collecting evidence or obtaining statements from relevant individuals.

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:

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