Provision of records and documents - national proceedings


Criminal Procedure Code



Section V

Written means of evidence
Art. 89 - Documents may serve as means of evidence if they contain reference of deeds or circumstances that may contribute to revealing the truth.

Art. 89(1) – The forms in which any statement is to be recorded, at the stage of criminal prosecution, shall be recorded and numbered beforehand, as forms with a special status, and after filling in, will be introduced in the case file.

The official report as means of evidence
Art. 90 - The official reports drawn up by the criminal investigation body or by the court are means of evidence.

The official reports and acknowledgment papers drawn up by other bodies are also means of evidence, if the law stipulates so.

The contents and form of the official report
Art. 91 - The official report must include :

a) the date and the place where it is drawn up ;
b) the name, surname and position of the person who draws it up ;
c) the names, surnames, occupations and addresses of the assistant witnesses, when they exist ;
d) a detailed description of the things found out, as well as of the measures taken ;
e) the names, surnames occupations and addresses of the persons referred to in the official report, their objections and explanations ;
f) the specifications stipulated by the law for special cases.

The official report must be signed on every page and at the end by the person who draws it up, as well as by the persons mentioned at letters c) and e). If one of these persons cannot or refuses to sign, this will be mentioned in the official report.

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:

(i) The provision of records and documents, including official records and documents;