Part 5 Additional Mutual Assistance
§ 60 Presence During Mutual Assistance Activities
(relating to Article 99 para. 1 of the Rome Statute)
Members of the Court and authorized representatives thereof, as well as other persons named in a request by the Court, shall, upon request, be allowed to be present during the undertaking of domestic mutual assistance activities; they may raise questions or propose measures. Members of the Court may take notes as well as make sound, photo, or video recordings of the mutual assistance activities. As long as the affected parties agree, sound, photo, and video recordings are allowed even when the prerequisites of the Criminal Procedure Code therefore are not met. Recordings that are made in accordance with sentence 3 shall not be used in a German criminal proceeding.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
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:
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.