Contents of request - national law requirements

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 678. Form and Content of Criminal Proceedings Co-operation Document

(1) A request for criminal-legal co-operation shall be submitted in writing, if an international agreement or law has not specified otherwise.

(2) A request shall indicate:

1) the name of the authority of the submitter of the request;
2) the object and essence of the request;
3) a description of the criminal offence and the legal classification of such offence;
4) information that may help to identify a person.

(3) A request shall also indicate other information that is necessary for the execution thereof.

(4) If in co-operation of criminal proceedings with the Member States of the European Union a special document is provided for, the form and content thereof shall be defined by the Cabinet.

(5) The competent authority, in sending a request for criminal-legal co-operation, may request a foreign country to ensure the confidentiality of the information contained in the request.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.