Direct execution of requests on State territory


Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002


Article 18
(2) Investigative activities referred to in the previous paragraph may also be undertaken on the territory of the Republic of Slovenia by the Prosecutor for the purpose of fulfilling the request, subject to the conditions referred to in Article 99 of the Statute being fulfilled.
(3) Permission for the requested investigative activities shall be issued on the substantiated request of the Prosecutor, by the investigating judge who would otherwise undertake the activities under the rules of territorial jurisdiction.
(4) The investigating judge or a person appointed by him must always be present during the carrying out of the investigative activities referred to in the second paragraph of this article, except exceptionally when the Prosecutor explicitly requests his absence; the investigating judge shall also always invite the competent state prosecutor to be present. By means of the aforementioned, the investigating judge shall ensure that the relationship of other national bodies and organisations holding public authority towards the investigative activities undertaken by the Prosecutor remains the same as if the domestic court was performing the activities. Similarly, the investigating judge shall ensure that during the course of the investigative activities referred to in the second paragraph of this article, no person shall enjoy fewer rights than he is entitled to under the statute regulating criminal proceedings, unless otherwise determined by this Act.

Rome Statute

Article 99 Execution of requests under articles 93 and 96

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;

(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101 Rule of speciality

1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.