Spans in 'Kenya- Mutual Legal Assistance Act 2011 (Revised 2012)' tagged with 'Postponement

'Postponement - ongoing investigation or prosecution' in document 'Kenya- Mutual Legal Assistance Act 2011 (Revised 2012)'

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More information about the keyword 'Postponement - ongoing investigation or prosecution'
More information about the document 'Kenya- Mutual Legal Assistance Act 2011 (Revised 2012)'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III – MAKING AND EXECUTION OF LEGAL ASSISTANCE REQUESTS

10. Postponement of the execution of request

The Competent Authority may postpone the execution of the request if its immediate execution would interfere with an ongoing investigation or prosecution.

PART VIII – GENERAL PROVISIONS

47. Transmission and return of material

(1) (a) postpone the transmission of the material if it is required in
connection with proceedings in that state, and in such a case shall provide certified copies of a document or record pending transmission of the original

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).