Service of documents - national procedures for ICC proceedings


Finland - International Legal Assistance in Criminal Matters 1994 EN

Chapter 3
Specific provisions on the provision of assistance

Section 17

The service of a document shall be effected in accordance with Finnish law for the service of a corresponding document, or in compliance with a particular method specified in the request, unless such a method would be incompatible with Finnish law. Proof of service shall be given by means of a certificate stating the date, place and method of service, the person on whom the document has been served and the person to whom the document has been delivered.

A document shall be served in accordance with paragraph 1, if the document to be served is in Finnish or in Swedish or accompanied by a translation to either of these languages. In other cases the service may be carried out by delivery of the document to the addressee who accepts it voluntarily. However, the service may be carried out in accordance with paragraph 1, where it is evident that the addressee has a sufficient understanding of the language of the document or the accompanying translation.
Supplementary rules on the service of documents shall be issued by Decree.

Section 18
Refusal to serve a summons

The service of a summons requiring the appearance of a person may be refused, where the summons and the accompanying documents have not been transmitted to the requested Finnish authority by a reasonable time before the date set for appearance. The service may nevertheless be effected, if the person on whom the document is to be served accepts it voluntarily.

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:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;