PART 2
ASSISTANCE TO THE ICC
3.(1) The powers conferred by this Part on the Minister are exercisable for the purpose of providing assistance to the ICC in relation to investigations or prosecutions where -
(a) an investigation has been initiated by the ICC, and
(b) the investigation and any proceedings arising out of it have not been concluded.
(2) Where facsimile transmission is used -
(a) for the making of a request by the ICC or the transmission of any supporting documents, or
(b) for the transmission of any document in consequence of such a request, this Part applies as if the documents so sent were the originals of the documents so transmitted. Any such document shall be receivable and admissible in evidence accordingly.
(3) Nothing in this Part shall be read and construed as preventing the provision of assistance to the ICC otherwise than under this Part.
4. The Minister may make regulations providing for the meeting of requests for assistance by the ICC and in particular and without prejudice to the generality of that power may make regulations prescribing the conditions and procedures for the execution of any such request for all or any of the following purposes -
(a) the questioning of persons being investigated or prosecuted by the ICC;
(b) the taking or production of evidence;
(c) the service of any document or act of the proceedings before the ICC;
(d) the temporary transfer to the ICC of a prisoner for purposes of identification or for obtaining testimony or other assistance;
(e) the entry into and search of any premises and the seizure of any item;
(f) the taking of fingerprints or non-intimate samples;
(g) the exhumation of any body;
(h) the provision of records and documents;
(i) the investigation of proceeds of any ICC crime;
(j) the freezing or seizure of proceeds for eventual forfeiture;
(k) the verification of any evidence or other material.
5. (1) Nothing in any of the provisions of this Part, requires or authorises the production of documents, or the disclosure of information, which would be prejudicial to the security of Malta.
(2) For the purposes of any such provision a certificate signed by or on behalf of the Prime Minister to the effect that it would be prejudicial to the security of Malta for specified documents to be produced, or for specified information to be disclosed, is conclusive evidence of that fact.
6. (1) Any evidence or other material obtained under this Part by a person other than the Attorney General, together with any requisite verification, shall be sent to the Attorney General who shall make arrangements for the transmission of the evidence or other material to the ICC.
(2) Where any evidence or other material is to be transmitted to the ICC, there shall be transmitted -
(a) where the material consists of a document, the original or a copy, and
(b) where the material consists of any other article, the article itself or a photograph or other description of it, as may be necessary to comply with the request of the ICC
EDIT.