Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002

VII. OTHER FORMS OF CO-OPERATION AND ASSISTANCE

Article 18
(1) Domestic courts, in co-operation with other national bodies, in response to a request from the Court for assistance in investigation and prosecution, shall be obliged to undertake all necessary investigative activities in accordance with the act regulating criminal proceedings.
(2) Investigative activities referred to in the previous paragraph may also be undertaken on the territory of the Republic of Slovenia by the Prosecutor for the purpose of fulfilling the request, subject to the conditions referred to in Article 99 of the Statute being fulfilled.
(3) Permission for the requested investigative activities shall be issued on the substantiated request of the Prosecutor, by the investigating judge who would otherwise undertake the activities under the rules of territorial jurisdiction.
(4) The investigating judge or a person appointed by him must always be present during the carrying out of the investigative activities referred to in the second paragraph of this article, except exceptionally when the Prosecutor explicitly requests his absence; the investigating judge shall also always invite the competent state prosecutor to be present. By means of the aforementioned, the investigating judge shall ensure that the relationship of other national bodies and organisations holding public authority towards the investigative activities undertaken by the Prosecutor remains the same as if the domestic court was performing the activities. Similarly, the investigating judge shall ensure that during the course of the investigative activities referred to in the second paragraph of this article, no person shall enjoy fewer rights than he is entitled to under the statute regulating criminal proceedings, unless otherwise determined by this Act.

Article 19
(1) All bodies of the Republic of Slovenia keeping data files, shall be obliged on the substantiated request of the Court to provide personal and other data about a person against whom a criminal proceeding is being conducted before the Court.
(2) Data referred to in the previous paragraph shall be submitted in accordance with its intended use. The Ministry shall decide on a request of the Court to provide data, and shall also decide the extent and type of data to be provided to the Court.

Keywords

Other forms of cooperation
National procedures for execution of requests for other forms of cooperation



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