Section 91h Executing requests

(1) If the conditions for rendering mutual assistance are met, a request as set out in section 91d (1) is to be executed under the same terms as would apply if the request had been made by a German agency; this also applies to measures of compulsion which become necessary in the course of executing the request.

(2) Unless otherwise provided under the European Investigation Order Directive and no core principles of the German legal system pose an obstacle thereto,
1. special formal or procedural requirements indicated in the request as set out in section 91d (1) must be complied with and
2. requests made by authorities in the requesting Member State to participate in an official act are to be complied with.

If special formal or procedural requirements as referred to in sentence 1 no. 1 or requests as referred to in sentence 1 no. 2 cannot be complied with, the competent agency in the requesting Member State is to be notified thereof without delay; section 91d (3) sentence 2 applies accordingly.

(3) Hearings by audio-visual means pursuant to section 61c are conducted under the direction of the competent agency and on the basis of the law applicable in the requesting Member State. The competent German agency participates in the hearing, establishes the identity of the person to be heard and ensures that the core principles of the German legal system are abided by. Accused persons are to be instructed at the start of the hearing about their rights under the law of the requesting Member State and under German procedural law. Witnesses and expert witnesses are to be instructed about those rights to refuse to give evidence or information which they have under the law of the requesting Member State and under German procedural law.

(4) Subsection (3) sentences 1, 2 and 4 applies accordingly to the hearing of witnesses or expert witnesses by telephone.