'Postponement of execution of ICC request' in document 'Sweden - Mutual Assistance Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2. General provisions concerning legal assistance in Sweden.

Incomplete requests and impediments to execution

Section 9

If the request does not contain the information necessary for the matter to be executed, the requesting state shall be given an opportunity to supplement the request. If the request can only be granted partially or subject to certain conditions, the requesting state shall be notified about the impediments that exist and be given an opportunity to express its views or to supplement or amend the request.

RELEVANT ROME STATUTE PROVISIONS

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95
Postponement of execution of a request in respect of an admissibility challenge
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.