Spans in 'New Zealand - ICC Act' tagged with 'Rights during investigation - informed of belief that crime has been committed'

'Rights during investigation - informed of belief that crime has been committed' in document 'New Zealand - ICC Act'

Jump to:

More information about the keyword 'Rights during investigation - informed of belief that crime has been committed'
More information about the document 'New Zealand - ICC Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Questioning persons

89.
Assistance in questioning persons—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(b)the person is or may be in New Zealand.

(3)If the Attorney-General gives authority to proceed,—

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to undertake the questioning that the ICC has requested; and

(ii)ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(iii)advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to the Attorney-General.

Cf Statute; articles 19(8), 56, 64, 93(1)(c)

90.
Procedure where questioning by New Zealand agency—

(2)If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that the person has committed a crime within the jurisdiction of the ICC and that the person has the right—

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court