Production of evidence - national procedures for ICC proceedings

Switzerland

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS

Art. 30 Forms of cooperation

Cooperation according to this chapter may include any procedural acts not prohibited by Swiss law that facilitate the investigation and prosecution of crimes within the jurisdiction of the Court or that serve to produce the proceeds of such crimes, in particular:
b. the taking of evidence, including testimony under oath, and the production of evidence,
including expert opinions and reports necessary to the Court

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION II: SPECIFIC FORMS OF COOPERATION

Art. 40 Handing over of evidence

1 Objects, documents, or assets that have been seized as evidence, as well as records and decisions shall be provided to the Court upon the request of the Court.

2 If third parties who have acquired rights in good faith, authorities, or victims whose usual residence is in Switzerland claim rights with regard to objects, documents, or assets as described in paragraph 1, their handing over shall be subject to the condition that the Court gives the guarantee to return them without cost after conclusion of the proceedings.

3 Transmission may be postponed as long as the objects, documents, or assets are required for criminal proceedings pending in Switzerland and if the Court consents upon consultation.

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;