PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter II Legal Assistance
Section 159 Interview of Persons
(1) Witnesses and experts may be interviewed upon a request or order of an international court under oath, wording of which will be determined by the international court. If the international court does not determine the wording of the oath in the request or order to interview a witness or expert, Section 50 (1) sentence two and three will apply accordingly.
(2) A person interviewed on the basis of a request or order if an international court referred to in Section 145 (1) (a) may exercise his right to refuse testimony according to the regulations of the international court, as well as according to the Code of Criminal Procedure, if the regulations of the international court allow it. Provisions of Section 99 (2) of the Code of Criminal Procedure will not apply to interview of persons on the basis of a request or order if an international court referred to in Section 145 (1) (a).
(3) The judicial authority will allow the international court on the basis of its request or order to conduct interview of a person by the means of a video-conference device or telephone. Provisions of sib-section (2) will apply accordingly.
(4) If the person interviewed on the basis of a request or order of an international court by authorities involve in criminal proceedings or interviewed by the international court by the means of a video-conference device or telephone or the representatives of the international court participating in the interview do not understand the language, in which the interview is conducted, and if the international court does not secure interpretation services, the authority involved in criminal proceedings that conducts the interview or that allowed conducting the interview by the means of a video-conference device or telephone will appoint an interpreter after a consultation with the international court. This applies accordingly also in case of persons that cannot be communicated with in other ways that in one of the communication systems for the deaf and deaf-blind persons.
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: