Request by State for ICC assistance

Cambodia

Criminal Procedure Code of Kingdom of Cambodia 2007

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

SECTION 8 – Rogatory Commissions

Article 174. Content of Rogatory Commissions

A rogatory commission shall specify the nature of work to be done. The work shall relate directly to the offense which has been charged. A rogatory commission cannot be general, it has to be specific.

The investigating judge shall set the time for carrying out the rogatory commission.

The rogatory commission shall be dated and signed by the investigating judge and shall also be sealed.

The investigating judge may withdraw a rogatory commission at any time.

Rome Statute

Article 93 Other forms of cooperation

10.

(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.

(b)

b. The questioning of any person detained by order of the Court;

(i) The assistance provided under subparagraph (a) shall include, inter alia:

a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

(ii) In the case of assistance under subparagraph (b) (i) a:

a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.