Part 5 Additional Mutual Assistance
§ 58 Disclosure of Officially Obtained Findings and Information
(1) Upon request of an office of the Court responsible therefore, subject to para. 3, German courts and government offices shall send officially obtained information to the Court within the framework of its jurisdiction, to the extent it would be admissible in a German court or a German public prosecution office for a criminal proceeding, when it is guaranteed that:
1. information from the Federal Central Register (Bundeszentralregister) and information obtained via telephone surveillance (§ 59 para. 1) or other covert measures (§ 59 para. 2), shall not be sent to offices outside of the Court, and
2. other findings shall be sent to offices outside of the Court only after prior agreement of the office responsible pursuant to § 68 para. 1.
With the transmittal of the information, maximum deadlines applicable under German law for the storage of the information as well as that the information sent shall only be used for the fulfillment of the tasks of the Court pursuant to the Rome Statute, shall be indicated in an appropriate manner. Should it become evident that incorrect information or information that should not have been sent was transmitted, the Court shall promptly be notified and corrected information or destruction of the information shall be requested.
(2) Subject to para. 3, information within the meaning of para. 1, with the exception of information from the Federal Central Register, may be transmitted to the Court without a request when the prerequisites set forth in para. 1 sentence 1 are otherwise fulfilled and the transmittal is suitable:
1. to begin a proceeding before the Court.
2. to support a proceeding already begun there, or
3. to prepare a request for mutual assistance of the Court.
Para. 1 sentence 2 and 3 apply mutatis mutandis.
(3) If the Court requests the transmittal of information that a German court or a German governmental authority received from a foreign state or an intergovernmental or supra-national entity with the request that it treat the information confidentially, the information shall not be transmitted to the Court as long as there is no agreement by the originator pursuant to Article 73 sentence 1 of the Rome Statute. The Court shall be informed.
Unique provision - cooperation
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