diff --git a/verdrag/europees-verdrag-aangaande-de-wederzijdse-rechtshulp-in-strafzaken/BWBV0001009/README.md b/verdrag/europees-verdrag-aangaande-de-wederzijdse-rechtshulp-in-strafzaken/BWBV0001009/README.md index 74a5a3bc48d..4ec7e639c0b 100644 --- a/verdrag/europees-verdrag-aangaande-de-wederzijdse-rechtshulp-in-strafzaken/BWBV0001009/README.md +++ b/verdrag/europees-verdrag-aangaande-de-wederzijdse-rechtshulp-in-strafzaken/BWBV0001009/README.md @@ -14,10 +14,14 @@ citeertitel: Europees Verdrag aangaande de wederzijdse rechtshulp in strafzaken ### Artikel 1 -**1.** The Contracting Parties undertake to afford each other, in accordance with the provisions of this Convention, the widest measure of mutual assistance in proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party. +**1.** The Parties undertake promptly to afford each other, in accordance with the provisions of this Convention, the widest measure of mutual assistance in proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party. **2.** This Convention does not apply to arrests, the enforcement of verdicts or offences under military law which are not offences under ordinary criminal law. +**3.** Mutual assistance may also be afforded in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of the requesting or the requested Party by virtue of being infringements of the rules of law, where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. + +**4.** Mutual assistance shall not be refused solely on the grounds that it relates to acts for which a legal person may be held liable in the requesting Party. + ### Artikel 2 Assistance may be refused: @@ -37,7 +41,9 @@ Assistance may be refused: ### Artikel 4 -On the express request of the requesting Party the requested Party shall state the date and place of execution of the letters rogatory. Officials and interested persons may be present if the requested Party consents. +**1.** On the express request of the requesting Party the requested Party shall state the date and place of execution of the letters rogatory. Officials and interested persons may be present if the requested Party consents. + +**2.** Requests for the presence of such officials or interested persons should not be refused where that presence is likely to render the execution of the request for assistance more responsive to the needs of the requesting Party and, therefore, likely to avoid the need for supplementary requests for assistance. ### Artikel 5 @@ -99,22 +105,22 @@ The requested Party shall inform the requesting Party of the reply of the witnes **1.** -A person in custody whose personal appearance as a witness or for purposes of confrontation is applied for by the requesting Party, shall be temporarily transferred to the territory where the hearing is intended to take place, provided that he shall be sent back within the period stipulated by the requested Party and subject to the provisions of Article 12 in so far as these are applicable. +A person in custody whose personal appearance for evidentiary purposes other than for standing trial is applied for by the requesting Party shall be temporarily transferred to its territory, provided that he or she shall be sent back within the period stipulated by the requested Party and subject to the provisions of Article 12 of this Convention, in so far as these are applicable. -Transfer may be refused: +Transfer may be refused if: -(a) if the person in custody does not consent, -(b) if his presence is necessary at criminal proceedings pending in the territory of the requested Party, -(c) if transfer is liable to prolong his detention, or -(d) if there are other overriding grounds for not transferring him to the territory of the requesting Party. +a) the person in custody does not consent; +b) his or her presence is necessary at criminal proceedings pending in the territory of the requested Party; +c) transfer is liable to prolong his or her detention, or +d) there are other overriding grounds for not transferring him or her to the territory of the requesting Party. **2.** -Subject to the provisions of Article 2, in a case coming within the immediately preceding paragraph, transit of the person in custody through the territory of a third State, Party to this Convention, shall be granted on application, accompanied by all necessary documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested. +Subject to the provisions of Article 2 of this Convention, in a case coming within paragraph 1, transit of the person in custody through the territory of a third Party, shall be granted on application, accompanied by all necessary documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested. A Party may refuse to grant transit to its own nationals. A Contracting Party may refuse to grant transit to its own nationals. -**3.** The transferred person shall remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from whom transfer is requested applies for his release. +**3.** The transferred person shall remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from whom transfer is requested applies for his or her release. ### Artikel 12 @@ -149,19 +155,32 @@ Requests for mutual assistance shall indicate as follows: ### Artikel 15 -**1.** Letters rogatory referred to in Articles 3, 4 and 5 as well as the applications referred to in Article 11 shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. +**1.** Requests for mutual assistance, as well as spontaneous information, shall be addressed in writing by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. However, they may be forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels. -**2.** In case of urgency, letters rogatory may be addressed directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party. They shall be returned together with the relevant documents through the channels stipulated in paragraph 1 of this article. +**2.** Applications as referred to in Article 11 of this Convention and Article 13 of the Second Additional Protocol to this Convention shall in all cases be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. -**3.** Requests provided for in paragraph 1 of Article 13 may be addressed directly by the judicial authorities concerned to the appropriate authorities of the requested Party, and the replies may be returned directly by those authorities. Requests provided for in paragraph 2 of Article 13 shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party. +**3.** Requests for mutual assistance concerning proceedings as mentioned in paragraph 3 of Article 1 of this Convention may also be forwarded directly by the administrative or judicial authorities of the requesting Party to the administrative or judicial authorities of the requested Party, as the case may be, and returned through the same channels. -**4.** Requests for mutual assistance, other than those provided for in paragraphs 1 and 3 of this article and, in particular, requests for investigation preliminary to prosecution, may be communicated directly between the judicial authorities. +**4.** Requests for mutual assistance made under Articles 18 and 19 of the Second Additional Protocol to this Convention may also be forwarded directly by the competent authorities of the requesting Party to the competent authorities of the requested Party. -**5.** In cases where direct transmission is permitted under this Convention, it may take place through the International Criminal Police Organisation (Interpol). +**5.** Requests provided for in paragraph 1 of Article 13 of this Convention may be addressed directly by the judicial authorities concerned to the appropriate authorities of the requested Party, and the replies may be returned directly by those authorities. Requests provided for in paragraph 2 of Article 13 of this Convention shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party. -**6.** A Contracting Party may, when signing this Convention or depositing its instrument of ratification or accession, by a declaration addressed to the Secretary-General of the Council of Europe, give notice that some or all requests for assistance shall be sent to it through channels other than those provided for in this article, or require that, in a case provided for in paragraph 2 of this article, a copy of the letters rogatory shall be transmitted at the same time to its Ministry of Justice. +**6.** Requests for copies of convictions and measures as referred to in Article 4 of the Additional Protocol to the Convention may be made directly to the competent authorities. Any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of this paragraph, deem competent authorities. -**7.** The provisions of this article are without prejudice to those of bilateral agreements or arrangements in force between Contracting Parties which provide for the direct transmission of requests for assistance between their respective authorities. +**7.** In urgent cases, where direct transmission is permitted under this Convention, it may take place through the International Criminal Police Organisation (Interpol). + +**8.** + +Any Party may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to make the execution of requests, or specified requests, for mutual assistance dependent on one or more of the following conditions: + +a) that a copy of the request be forwarded to the central authority designated in that declaration; +b) that requests, except urgent requests, be forwarded to the central authority designated in that declaration; +c) that, in case of direct transmission for reasons of urgency, a copy shall be transmitted at the same time to its Ministry of Justice; +d) that some or all requests for assistance shall be sent to it through channels other than those provided for in this article. + +**9.** Requests for mutual assistance and any other communications under this Convention or its Protocols may be forwarded through any electronic or other means of telecommunication provided that the requesting Party is prepared, upon request, to produce at any time a written record of it and the original. However, any Contracting State, may by a declaration addressed at any time to the Secretary General of the Council of Europe, establish the conditions under which it shall be willing to accept and execute requests received by electronic or other means of telecommunication. + +**10.** The provisions of this article are without prejudice to those of bilateral agreements or arrangements in force between Parties which provide for the direct transmission of requests for assistance between their respective authorities. ### Artikel 16 @@ -185,7 +204,19 @@ Reasons shall be given for any refusal of mutual assistance. ### Artikel 20 -Subject to the provisions of Article 10, paragraph 3 execution of requests for mutual assistance shall not entail refunding of expenses except those incurred by the attendance of experts in the territory of the requested Party or the transfer of a person in custody carried out under Article 11. +**1.** + +Parties shall not claim from each other the refund of any costs resulting from the application of this Convention or its Protocols, except: + +a) costs incurred by the attendance of experts in the territory of the requested Party; +b) costs incurred by the transfer of a person in custody carried out under Articles 13 or 14 of the Second Additional Protocol to this Convention, or Article 11 of this Convention; +c) costs of a substantial or extraordinary nature. + +**2.** However, the cost of establishing a video or telephone link, costs related to the servicing of a video or telephone link in the requested Party, the remuneration of interpreters provided by it and allowances to witnesses and their travelling expenses in the requested Party shall be refunded by the requesting Party to the requested Party, unless the Parties agree otherwise. + +**3.** Parties shall consult with each other with a view to making arrangements for the payment of costs claimable under paragraph 1.c above. + +**4.** The provisions of this article shall apply without prejudice to the provisions of Article 10, paragraph 3, of this Convention. ## Hoofdstuk VI. Laying of Information in connection with Proceedings @@ -217,7 +248,7 @@ Subject to the provisions of Article 10, paragraph 3 execution of requests for m ### Artikel 24 -A Contracting Party may, when signing the Convention or depositing its instrument of ratification or accession, by a declaration addressed to the Secretary-General of the Council of Europe, define what authorities it will, for the purposes of the Convention, deem judicial authorities. +Any State shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of the Convention, deem judicial authorities. It subsequently may, at any time and in the same manner, change the terms of its declaration. ### Artikel 25