CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS
Art. 29 Principle
1Cooperation as provided in article 30 shall be granted to the Court if the request and supporting documentation indicate that the act is within the jurisdiction of the Court.
2 If the Court is considering a challenge to its jurisdiction in accordance with articles 17- 19 of the Statute, the Central Authority may postpone execution of a request until the Court has decided; this shall not affect orders of preventive measures.
Art. 30 Forms of cooperation
Cooperation according to this chapter may include any procedural acts not prohibited by Swiss law that facilitate the investigation and prosecution of crimes within the jurisdiction of the Court or that serve to produce the proceeds of such crimes, in particular:
a. the identification and determination of the whereabouts of persons not being prosecuted by the Court or the location of objects;
b. the taking of evidence, including testimony under oath, and the production of evidence,
including expert opinions and reports necessary to the Court;
c. the questioning of any person being investigated or prosecuted;
d. the service of documents, including judicial documents;
e. the temporary transfer of persons in detention as provided in article 39;
f. the examination of places or sites, including the exhumation and examination of grave sites;
g. the execution of searches and seizures;
h. the provision of records and documents, including official records and documents;
i. the protection of victims and witnesses and the preservation of evidence;
j. the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture.
Art. 31 Preserving measures
1 Upon the explicit request of the Court, the Central Authority may take preventive measures to maintain existing conditions, to protect threatened legal interests, or to preserve endangered evidence.
2 If delay was to jeopardize the proceedings, the Central Authority may order preventive measures as soon as a request is announced and sufficient information is available to assess the conditions. The preserving measures shall be lifted if the Court does not make the request within the period of time specified by the Central Authority.
Art. 32 Application of the procedures of the Court
Upon the explicit request of the Court, requests shall be executed in the manner specified by the Court, in particular:
a. The statements of witnesses and experts shall be substantiated in the manner prescribed by the Statute or the Rules of Procedure and Evidence of the Court.
b. The procedures necessary for judicial admissibility of other evidence may be taken into account.
c. Measures may be taken to ensure the safety or physical or psychological well-being of victims, any witnesses, and their families.
d. Persons involved in the proceedings before the Court may be allowed to participate in the execution of requests and to examine the records.
Art. 33 Handing over of evidence to another State
If the Court requests the consent of the Central Authority to forward evidence to another State that was transmitted to the Court by Switzerland, then:
a. the Central Authority shall grant the request in accordance with the provisions of this chapter if the act is within the jurisdiction of the Court;
b. proceedings in accordance with the provisions of the Federal Law of 20 March 1981 Mutual Legal Assistance shall be undertaken, if the act is a serious crime under the on domestic law of the requesting State.
SECTION II: SPECIFIC FORMS OF COOPERATION
Art. 34 Principles for questioning
1 If a person is questioned in a language other than a language the person fully understands and speaks, a competent interpreter and such translations as are necessary to meet the requirements of fairness shall be provided.
2 The person may refuse to make a statement if:
a. the person would thereby incriminate himself or herself or a person named in this regard in the Rules of Procedure and Evidence of the Court, or if the person would thereby confess guilt; or
b. by refusing to make the statement, the person intends to prevent the disclosure of confidential information pertaining to national security in accordance with article 72 of the Statute.
3 The person shall be informed, prior to being questioned, of the rights provided in paragraph 2.
4 If the person asserts a ground specified in paragraph 2, the Central Authority shall decide on the admissibility of the questioning.
Art. 35 Questioning of a suspect
1 Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court, the person shall also have the following rights in addition to those provided in article 34:
a. to be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
b. to remain silent, without such silence being a consideration in the determination of guilt or innocence;
c. to be defended by counsel of the person’s choosing or, if the person does not have counsel, to have the Central Authority assign counsel or, if applicable, a public defender;
d. to be questioned in the presence of counsel, unless the person has voluntarily waived the right to counsel.
2 The person shall be informed, prior to being questioned, of the rights provided in paragraph 1.
Art. 36 Service of records
The Court may serve its decisions and other records or documents upon recipients in Switzerland directly by mail.
Art. 37 Summons
1 A summons to appear before the Court as a witness or expert shall be accompanied by
the Rule of Procedure and Evidence of the Court on self-incrimination. The Rule shall be
given to the person in a language that the person understands.
2 The person summoned is under no obligation to comply with the summons. If so requested, the Central Authority shall obtain written assurances from the Court guaranteeing the safe-conduct of the witness or expert.
Art. 38 Investigative measures on Swiss territory
1 Upon request of the Prosecutor, the Central Authority may authorize the Prosecutor to conduct investigative measures on Swiss territory as indicated in article 99 paragraph 4 of the Statute.
2 The Central Authority shall inform the authorities which would be responsible for the investigative acts according to Swiss law.
Art. 39 Temporary transfer of persons in detention
1 Persons not accused by the Court who are in detention in Switzerland may be transferred temporarily to the Court for purposes of identification, questioning, confrontation, or other investigative acts, if the person consents in full knowledge of the circumstances.
2 The Court shall grant the transferred person safe-conduct, keep the person in detention, and give assurances that the person will be returned once the purpose of the transfer is satisfied.
Art. 40 Handing over of evidence
1 Objects, documents, or assets that have been seized as evidence, as well as records and decisions shall be provided to the Court upon the request of the Court.
2 If third parties who have acquired rights in good faith, authorities, or victims whose usual residence is in Switzerland claim rights with regard to objects, documents, or assets as described in paragraph 1, their handing over shall be subject to the condition that the Court gives the guarantee to return them without cost after conclusion of the proceedings.
3 Transmission may be postponed as long as the objects, documents, or assets are required for criminal proceedings pending in Switzerland and if the Court consents upon consultation.
Art. 41 Handing over for forfeiture, transfer to the Trust Fund, or restitution
1 Objects or assets subject to a precautionary seizure may at any time, upon request, be transmitted to the Court for the purpose of forfeiture, transfer to the Trust Fund (art. 79 of the Statute), or restitution.
2 Objects and assets referred to in paragraph 1 include:
a. instruments which served to commit the crime;
b. the product or proceeds of a criminal act, their replacement value, and illicit advantages;
c. gifts and other contributions that served as or that were intended as an inducement or reward for the criminal act, as well as their replacement value.
3 Objects and assets shall remain seized until they have been transmitted to the Court or until the Court notifies the Central Authority that it waives transmission.
4 Objects and assets may be retained in Switzerland if:
a. the victim’s usual residence is in Switzerland and the objects and assets are to be returned to the victim;
b. authorities assert rights over them;
c. a person not involved in the criminal act claims that he or she acquired rights to the objects and assets in good faith in Switzerland or, provided that the person’s usual residence is in Switzerland, in a foreign country;
d. the objects or assets are required for criminal proceedings pending in Switzerland or they could be forfeited in Switzerland.
5 If a person asserts a claim provided for in paragraph 4, the handing over of the objects or assets to the Court is suspended until the legal situation is clarified. The contested objects or assets may only be handed over to the person if:
a. the Court consents;
b. the authorities consent in the case of paragraph 4 subparagraph b; or
c. Swiss authorities recognize the validity of the claim.
Other forms of cooperation
National procedures for execution of requests for other forms of cooperation
EDIT.