PART TWO CRIMINAL PROCEEDINGS
CHAPTER XII EVIDENCE DURING INVESTIGATION
A. APPLICATION OF THE DEFENDANT OR THE INJURED PARTY TO COLLECT OR PRESERVE EVIDENCE
Article 215
International Requests
1. The state prosecutor or competent judge shall, at the earliest possible time, initiate
international legal requests, requests for extraditions, requests for prisoner transfers or requests
for executions of judgments.
2.All international requests shall be made in compliance with the applicable legislation.
3. The state prosecutor or competent judge shall make all international requests in consultation
and compliance with the relevant Department for International Legal Cooperation in the Ministry
of Justice.
4. The Minister of Justice shall have final approval of all international requests made to foreign
governments.
5. The state prosecutor or competent judge shall not speak to media about pending or intended
international requests but shall refer the media to the Ministry of Justice.
6. Evidence obtained informally from foreign governments, law enforcement agencies,
prosecutors or courts shall be admissible if accompanied by a statement from that foreign
government, law enforcement agency, prosecutor or court which demonstrates that the evidence
is reliable and was obtained in accordance with the law of that foreign state. Such evidence may
not form the sole or decisive basis for a finding of guilt. Such information shall be accompanied
at the main trial by a notice of corroboration under Article 258 of this Code.
7. If the Department for International Legal Cooperation receives and approves a request for
assistance from a foreign government, the Department for International Legal Cooperation shall
assign the request to the appropriate state prosecutor, who shall initiate a criminal proceeding
with the limited purpose of obtaining the requested information or performing the requested
action. If the requested information or action is not permitted by the law or is not possible to
obtain or perform, the state prosecutor shall inform the Office of International Cooperation and
shall terminate the criminal proceeding.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.