State investigation or prosecution – provision of records and documents

Iceland

Iceland - Criminal Procedure Act 2019 EN

Part 3. Proof and evidence.
Section XX. Documents and other visible items of evidence.

Article 134
The parties shall submit the documents and other visible items of evidence that they wish to have taken into consideration in the resolution of the case.

The prosecutor shall submit the documents and other visible items of evidence that have been gathered in the course of the investigation and that have evidential value, in his or her view, including those that contain what the defendant and witnesses have said in court and to the police. However, statements that witnesses have made to the police or, as appropriate, other government authorities, may only be submitted if the intention is to produce the witnesses before the court or if there is no possibility of having them appear in court to answer questions. If there is reason to do so, the prosecutor shall moreover submit a list of the names of those who have made statements to the police or other government authorities.

Apart from as provided for in the second paragraph, documents or materials of other types may not be submitted if they contain statements made by the defendant or other parties who are obliged to appear in court as witnesses.

Documents or materials of other types may not be submitted if they contain information on communications between the accused and his or her defence counsel, or information covered by the second paragraph of Article 119.
Article 135
If a document or other visible item of evidence is in the keeping of a person who is not a party to the case, the prosecutor or the defendant may demand to have it released for submission, providing that it may be expected that it will have evidential value in the case and that the keeper is obliged, and permitted, to give evidence on its contents. If the person does not comply with a call to release a document or item of another type, the prosecutor shall seize it in accordance with a ruling by the judge.

The keeper may demand that the judge release an item by means of a ruling from seizure imposed under the first paragraph. Otherwise, it shall be released when it is no longer needed, and at the latest when the case is brought to a final conclusion, unless circumstances listed in indent a or b of the first paragraph of Article 72 obtain.

Article 136
If a document that is to be seized under the first paragraph of Article 135 contains matters to which the person concerned would not be obliged, or would not be permitted, to bear witness, the judge may decide that the document be submitted to him or her in confidence and under a non-
disclosure obligation, and either that he or she will take a copy of those matters in the document which it is obligatory, and permitted, to reveal, or else that he or she will compile a report on those matters.

If the owner or keeper of a document that is to be seized under the first paragraph of Article 135 establishes a probability that it would cause him or her loss or inconvenience if this were done, the judge may decide nevertheless to proceed and have the document released in court for copying. The same shall apply if the document has value for the person concerned, or if there is a particular danger that it would be lost or damaged if it were released.

Original documents covered by the first and second paragraphs shall be made over to the person concerned as soon as use has been made of them.

The provisions of the first, second and third paragraphs shall apply, as appropriate, to other visible items of evidence.

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:

(i) The provision of records and documents, including official records and documents;