Taking of evidence - national procedures for ICC proceedings


International Legal Assistance in Criminal Matters Act (2000:562)

Chapter 4. Special provisions concerning different measures of legal assistance

Taking of evidence in courts

Taking of evidence in Swedish courts

Section 2

A request for taking of evidence in a Swedish court that involves holding a hearing, the production of written evidence or the conduct of a viewing is executed by a district court.

The matter shall be regarded as a taking of evidence outside a main hearing. The parties shall be notified of the time and place for the taking of evidence but only need to be summoned if the party shall be heard or otherwise satisfy something at the taking of evidence.

Section 3

At a taking of evidence a public defence counsel may be appointed in accordance with Chapter 21 of the Code of Judicial Procedure for the suspect or the accused also in other cases than those referred to in Chapter 2, Section 13, if there are special reasons.

Section 4

A judge at the foreign court or representative for the authority that requested the taking of evidence may participate at the taking of evidence and may, with the permission of the court, present questions directly to the person being heard.

Section 5

If the requesting state has presented a request for this, a Swedish prosecutor may participate at the taking of evidence for the purpose of protecting the interests of the requesting state.

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;