Postponement of execution of ICC request


Albania - Law on Jurisdictional Relations with Foreign Authorities 2009 (2013)


Article 24
Postponing the execution of requests

1. A local judicial authority may postpone or condition the execution of requests if it may affect the good conduct of criminal proceedings started by local judicial authorities.
2. The local judicial authority notifies the foreign judicial authority, declaring the reasons for postponement or conditioning. If the notification is made directly to the foreign judicial authority, the local judicial authority informs the Ministry of Justice at the same time.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95 Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.