Postponement - ongoing investigation or prosecution


Finland - International Legal Assistance in Criminal Matters 1994 EN

Chapter 2
Provision of assistance

Section 13
Discretionary grounds for refusal

The execution of the request may be postponed, if the execution of the request would cause inconvenience or delay in a criminal investigation, pre trial investigations or court proceedings in Finland.

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).