PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
B. SEARCH AND CONFISCATION
Article 112
Limitations on Disclosure of Documents
1. Public entities may request the pretrial judge to delay or reconsider an order to disclose files
or documents if they consider that disclosure of their contents would harm the general interest.
A pretrial judge must balance the harm to the general interest with the public interest in prompt
adjudication of criminal proceedings, the human rights of the defendant or the rights of the
injured party. There shall be a presumption in favor of disclosure of the files or documents of
public entities. The public entity may object to a review panel the refusal of the pretrial judge to
delay or reconsider his order. The review panel shall have the final decision.
2. Business organizations and legal persons may request that information concerning their
business be not published if it is sensitive or contains the private information of third-parties.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 117
Obtaining Evidence Prior to Pretrial Testimony
1. The state prosecutor shall obtain all relevant documentary evidence in accordance with the
law, if possible prior to taking pretrial testimony. Such documentary evidence shall include, but
is not limited to:
1.1. passport, identification cards, or records of border entry;
1.2. financial records;
1.3. surveillance records or photographs;
1.4. records of land ownership;
1.5. records of automobile ownership;
1.6. records of corporations or business entities;
1.7. electronic documents, such as email, text messages, or photographs;
1.8. medical records;
1.9. notes, diaries, or calendars; or
1.10. any other document that is lawfully obtained under this Code.
2. The state prosecutor shall lawfully obtain all tangible evidence, if possible prior to taking
relevant pretrial testimonial. Such tangible evidence shall include, but is not limited to:
2.1. tangible evidence obtained at the scene of the crime;
2.2. tangible evidence seized from the search of the premises of the defendant;
2.3. tangible evidence seized from the search of the person of the defendant prior to or
during his arrest;
2.4. photographs of or forensic reports about tangible evidence; or
2.5. any other tangible evidence lawfully obtained under this Code that is relevant to the
investigation.
3. The state prosecutor may receive documentary and tangible evidence after the termination or
conclusion of the investigation, if the request for the evidence was made prior to the termination
or conclusion of the investigation or if it was newly discovered evidence. The timing of the
receipt of this evidence will not affect its admissibility.
6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
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:
(d) The service of documents, including judicial documents;
(i) The provision of records and documents, including official records and documents;
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.