Request by State for ICC assistance

Finland

International Legal Assistance in Criminal Matters Act (5 January 1994/4)

Chapter 1
General provisions


Section 5
Requests for assistance to authorities of a foreign State

A request for assistance may be made by the Ministry of Justice, a court, a prosecution authority and a pre trial investigation authority.

The request shall be transmitted to the foreign State in compliance with the procedure provided by the foreign State and taking into account the provisions of the treaties in force between Finland and the foreign State. The request may be transmitted through the Ministry of Justice, where the requesting authority may not transmit it directly to the competent authority of the foreign State or where the transmitting of the request through the Ministry of Justice is otherwise deemed to be appropriate. Where necessary, the Ministry of Justice may transmit the request to the foreign State through the Ministry for Foreign Affairs.

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.