Taking of evidence - authority - ICC proceedings

Cabo Verde

Cape Verde - Criminal Procedure Code 2005 Portuguese

CODE OF PENAL PROCEDURE OF CAPE VERDE

TITLE III -PREVENTIVE MEASURES, AND MEANS OF PROTECTING AND OBTAINING EVIDENCE

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CHAPTER III - INSPECTIONS AND SEARCHES

Article 234
Concepts and defining criteria

4. Inspections and searches conducted by police bodies concerned with criminal investigations shall be exempted from the requirement set forth in the preceding paragraph in the following cases:

(a) in the case of crimes connected with terrorism or criminal organizations, crimes punishable by a maximum penalty of more than eight years' imprisonment, crimes committed with violence or the threat of violence, or crimes whose suspects pose an imminent flight risk;

(b) if there is sound reason to believe that any delay may pose a serious and immediate danger to life, physical integrity, freedom, or the survival of the constitutional rule of law in Cape Verde.

5. In those cases cited in the second part of the preceding paragraph, the competent judge shall be notified immediately of the inspection or search so that he may assess it and confirm it, lest it be deemed invalid.

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;