Other types of assistance - national procedures for ICC proceedings

Moldova, Republic of

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 533. Volume of Legal Assistance

International legal assistance may be requested or provided in the performance of certain procedural activities provided in the criminal procedural legislation of the Republic of Moldova and of the respective foreign state in particular:
9) other actions not contradicting this Code.

Article 550. Transmitting Objects

(1) Upon the request of the requesting party in the manner provided in this Chapter and to the extent allowed by national legislation, subject to capture and transmission shall be:
1) objects of eventual importance as evidence in a criminal case for which extradition is requested;
2) income originating from the crime for which extradition is requested and the objects in the possession of the person at the moment of arrest or subsequently discovered.

(2) The objects and the income specified in para. (1) may be transmitted even if the extradition may not take place due to the death of the person or if he/she evades trial.

(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.

(4) The rights over these objects or income shall belong to the Republic of Moldova and they shall be transmitted to the requesting party subject to a speedy completion of the criminal investigation and no expenses, and subject to their subsequent return.

(5) Objects and other valuables shall be transmitted only based on a final court judgment pronounced by a competent court.

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:

(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.