PART THREE Individual forms of International Judicial Cooperation
Chapter I Legal Assistance
Sub-chapter 1 Requesting Legal Assistance in a Foreign State
Section 43 Service of Documents
(1) The judicial authority will serve documents in criminal proceedings to an addressee in a foreign state on the basis of a request for legal assistance.
(2) Service of documents in criminal proceedings upon a request of the judicial authority by a foreign authority will be considered effective, if it was executed in compliance with the law of the foreign state in question or in compliance with the law of the Czech Republic.
(3) If it is provided for by an international treaty or by this Act, the judicial authority may serve documents in criminal proceedings to the addressee in a foreign state directly through a post service provider.
(4) Unless precluded by the regulations of the foreign state, in the territory of which the documents are to be served, the judicial authority may serve the documents to the addressee in the foreign state directly through a post service provider. Upon a request of the judicial authority the central authority will verify, whether the service is not precluded by regulations of the foreign state, and the manner, in which is such process service executed in the foreign state.
(5) The served documents must not contain threats of enforcement.
6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
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 requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.