Questioning of persons - national procedures for ICC proceedings


Finland - International Legal Assistance in Criminal Matters 1994 EN

Chapter 2
Provision of assistance

Section 10

The competent authority of the requesting State, the parties as well as any other interested persons shall have the right to be present in accordance with Finnish law when witnesses, experts or parties are heard or another requested measure is carried out. An authority of the requesting State may, subject to the consent of the court or the pre trial investigation authority, participate in court proceedings and the pre trial investigation as well as put questions to the persons being examined.

On the request of an authority of the requesting State, the authority of the requesting State shall be notified of the time and place of the execution of requested measure well in advance, so that the authority, the parties and other interested persons may be present.

Chapter 3
Specific provisions on the provision of assistance

Section 20
Taking of evidence and obtaining statements of persons in a court of law

Where the request for assistance made by an authority of a foreign State relates to the hearing of witnesses or experts, the production of documents and records, the arrangement of inspections or the production of any other materials to be used as evidence, or the hearing of the parties, and the execution of the request falls within the functions of the judiciary, the evidence shall be taken in the court of first instance where:

1) criminal proceedings are pending in a court of the requesting foreign State; or

2) it has been requested that the evidence be taken in a court.
The evidence shall be taken in the court of first instance of the district where the person to be examined is domiciled or habitually resident, or where the evidence can otherwise be taken in an appropriate way. A public prosecutor shall be present at the hearing, where deemed necessary by the court. The taking of evidence shall, where applicable, be governed by the Finnish law on proceedings in criminal matters.

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:

(c) The questioning of any person being investigated or prosecuted;