Chapter 3
Specific provisions on the provision of assistance
Section 20
Taking of evidence and obtaining statements of persons in a court of law
Where the request for assistance made by an authority of a foreign State relates to the hearing of witnesses or experts, the production of documents and records, the arrangement of inspections or the production of any other materials to be used as evidence, or the hearing of the parties, and the execution of the request falls within the functions of the judiciary, the evidence shall be taken in the court of first instance where:
1) criminal proceedings are pending in a court of the requesting foreign State; or
2) it has been requested that the evidence be taken in a court.
The evidence shall be taken in the court of first instance of the district where the person to be examined is domiciled or habitually resident, or where the evidence can otherwise be taken in an appropriate way. A public prosecutor shall be present at the hearing, where deemed necessary by the court. The taking of evidence shall, where applicable, be governed by the Finnish law on proceedings in criminal matters.
Section 21
Taking of evidence and hearing of parties in pre trial investigations
In cases other than those referred to in section 20 evidence shall be taken and the parties and other persons examined by the competent pre trial investigation authority. The provisions on the pre trial investigation of an offence shall otherwise apply to the procedure, where applicable.
Section 22
Refusal to give evidence
A witness or expert who appears before a court or a person who appears before a pre trial investigation authority pursuant to a request made by an authority of a foreign State, shall be entitled to refuse to give evidence or make a statement, in so far as the person has a privilege or duty to refuse to give evidence or make a statement under Finnish law or the law of the requesting State. The law of the foreign State shall be taken into account, if the privilege or duty to refuse to give evidence has been indicated in the request for assistance made by the foreign State or if such information is supplied by the requesting authority upon the request of a Finnish court or pre trial investigation authority, or if the privilege or duty otherwise is known to the court or to the pre trial investigation authority.
Section 23
Use of coercive measures to obtain evidence or to secure
the enforcement of a confiscation order
Search and seizure, telecommunications interception, telecommunications monitoring and technical surveillance to obtain evidence as well as identification of persons may be carried out pursuant to a request for assistance made by an authority of a foreign State, if this has been requested or deemed necessary in the execution of the request (changed by Act No 406/1995).
Coercive measures may be used upon the request of an authority of a foreign State for the purpose of securing the enforcement in Finland of a confiscation order made or to be made in the requesting foreign State where the order is, or would be, enforceable in Finland.
The use of coercive measures shall be governed by section 15, paragraph 1 of this Act and by the Coercive Measures Act.
Taking of evidence - national procedures for ICC proceedings
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