'Deferral of case by ICC to State' in document 'Sweden - Mutual Assistance Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 4. Special provisions concerning different measures of legal assistance

Examination in conjunction with preliminary investigation

Section 1

A request for hearing in Sweden in accordance with the provisions relating to preliminary investigations in criminal matters is executed by a prosecutor.

Representatives for the requesting authority may participate at the hearing and may, with the permission of the prosecutor, present questions directly to the person being heard.

RELEVANT ROME STATUTE PROVISIONS

Article 18
Preliminary rulings regarding admissibility
2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.