Chapter 4
Specific provisions on the request for assistance made to a foreign State
Section 28
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 a Finnish authority, 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 requested foreign State. The law of the foreign State shall be taken into account, if the privilege or duty has been indicated in the reply made by the authority of the foreign State to the request by the Finnish authority, or if such information is supplied by the requested upon the request of a Finnish court or pre trial investigation authority, or if the privilege or duty is otherwise known by the court or the pre trial investigation authority.
The immunity of witnesses, experts, parties, or persons to be examined in pre trial investigations, who appear pursuant to a request for assistance under this Act by a Finnish authority shall be governed by the Immunities of Persons Participating in Proceedings or Pre trial Investigations Act (1994/11).
Taking of evidence - national procedures for ICC proceedings
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