Spans in 'Armenia - Criminal Procedure Code' tagged with 'Confidentiality re national security'

'Confidentiality re national security' in document 'Armenia - Criminal Procedure Code'

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More information about the keyword 'Confidentiality re national security'
More information about the document 'Armenia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Section VII. CONFIDENTIALITY AND ITS TERMS

CHAPTER 23. MAINTENANCE OF CONFIDENTIALITY

Article 171. Confidentiality of a State Secret

1. In criminal proceeding every measure prescribed by law shall be taken to preserve the confidentiality of any material which constitutes a state secret.

2. Persons who are asked by the body which carries out the criminal proceeding in accordance with provisions of the present Code not to disclose information about state secret shall not have the right to refuse to fulfill that requirement but shall have the right to demand from the inquiry body or other corresponding body a proof of the necessity of such a disclosure.

3. A state employee who had disclosed information about a state secret shall in written form inform the head of the corresponding state body about that if not forbidden to do so by the body which carries out the criminal proceeding.

4. Proceeding of criminal cases pertaining to the information about state secret shall be carried out by judges as well as by the prosecution, investigation, inquiry body who have signed a document about not disclosing such information.

5. Defense attorneys and other representatives as well as other persons who shall be exposed to the information which constitutes a state secret shall sign a document verifying the confidentiality of such information. In case of a refusal to undersign to preserve the confidentiality of such an information, the defense attorney or other representative, except for the legal representative, shall be deprived of the right to participate in the criminal proceeding. As for the other persons, they shall not receive any information which constitutes a state secret. The given obligation not to divulge any information pertaining to the state secret shall not prevent the participant of the proceeding from investigating the information which constitutes a state secret in a closed-door proceeding.

RELEVANT ROME STATUTE PROVISIONS

Article 54
Duties and powers of the Prosecutor with respect to investigations
3. The Prosecutor may:
(e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
(f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.

Article 72
Protection of national security information
3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.

Article 73
Third-party information or documents
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.