Postponement - ongoing investigation or prosecution

Moldova, Republic of

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 550. Transmitting Objects
(3) If the requested objects are needed as evidence in a different case in a national criminal proceeding, their transmission may be postponed until the proceeding is completed, or they may be temporarily transmitted subject to return.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).