National procedures for execution of cooperation request


Cooperation with the ICC Act N.2002.329



Before the Government issues a decision following a request, the Prosecutor-General shall state his or her views. As a basis for his or her views, the Prosecutor-General shall direct that the necessary investigation be conducted in accordance with the rules applicable in connection with preliminary investigations of criminal matters. If there are special reasons, the Government shall obtain the views of the Supreme Court before it determines the matter.


If the International Criminal Court requests that a measure that is based on the Statute should be executed in Sweden regarding a person who is suspected or has been charged or sentenced by the Court for a crime, that person shall, if he or she so requests, be assisted by public defence counsel. The provisions of the Code of Judicial Procedure apply to such issues except as provided by Section 19.

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:

(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.