Legal Assistance Agreements In Criminal Matters - French - Full Text Of The Norm

Original Language Title: CONVENIOS ASISTENCIA JUDICIAL EN MATERIA PENAL - FRANCIA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 26.196 Adopt the Convention on Judicial Assistance in Criminal Matters signed with the Government of the French Republic on 14 October 1998. Sanctioned: December 6, 2006 promulgated: December 26, 2006.

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Appropriate the Convention of JUDICIAL ASSISTANCE IN PENAL MATERIA BETWEEN THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE GOVERNMENT OF THE FRANCE REPUBLIC, signed in Paris .REPUBLICA FRANCESA. on 14 October 1998, which consists of VEINTISEIS (26) articles, whose photocopy is authenticated.

ARTICLE 2 Contact the National Executive

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE SEIS DAYS OF THE YEAR TWO MIL SEIS.

_

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan. H. Estrada.

CONVENTION

DECADE

JUDICIAL ASSISTANCE

EN

PENAL MATERIA

ENTRE

THE GOVERNMENT OF THE ARGENTINA REPUBLIC

And

THE GOVERNMENT OF THE FRANCE REPUBLIC

The Government of the Argentine Republic and the Government of the French Republic, eager to improve the effectiveness of the authorities of both countries in the investigation and prosecution of crimes through cooperation and mutual legal assistance in criminal matters,

Agree to the following:

ARTICLE 1

OBLIGATIONS OF ASSISTANCE

1. Both Contracting Parties undertake to provide each other with the widest possible judicial assistance in any criminal offence proceedings, which may be sanctioned upon request for assistance, within the jurisdiction of the judicial authorities of the requesting Party.

2. This Convention shall not apply to the execution of arrest warrants and convictions, except for confiscation, or to military offences which do not constitute offences under common law.

ARTICLE 2

APPLICATION

Assistance will include, inter alia,:

(a) The search for people;

(b) Notification of judicial acts;

(c) Production of documents and judicial acts;

(d) The execution of house records;

(e) Receipt of testimony and interrogation of accused persons;

(f) Appointment of witnesses, experts and accused;

(g) The transfer of persons detained to testify in the requesting Party;

(h) The embargo, kidnapping and confiscation of property.

ARTICLE 3

CENTRAL AUTHORITIES

1 Each Party shall designate a Central Authority to submit and receive applications that constitute the object of this Convention.

2 To this end, the Central Authorities shall communicate directly among them and forward the request to their competent authorities.

3 The Central Authorities shall be appointed at the time of signature of this Convention by exchange of notes.

ARTICLE 4

COMPETENT AUTHORITIES

The competent authorities are, in France, the judicial authorities and in Argentina, the judicial authorities and the Public Prosecutor ' s Office.

ARTICLE 5

ASSISTANCE REQUEST

1. The request for assistance shall be made in writing and shall contain the following requirements:

(a) the authority from which the request comes;

(b) the object and reason for the request;

(c) where the identity and nationality of the accused is possible; and

d) the identity and if possible, the address of the person involved in the application.

2. In the case where the application does not have the object of notification of acts or the exchange of information on judicial decisions, it must also contain a succinct statement of the facts that motivate it and the legal denomination of the offence under investigation.

ARTICLE 6

ASSISTANCE

1. Assistance may be denied:

(a) If it refers to offences which the requested Party considers to be political or as common law offences related to a political offence.

(b) If the application is intended to have measures of embargo, kidnapping or housekeeping and the facts that motivate the request are not considered as an offence under the law of the requested Party.

(c) If the requested Party considers that the provision of assistance may harm its sovereignty, security, public order or other essential interests of the Nation.

2. Assistance will be rejected when the application is intended for a confiscation measure and the facts that motivate the claim do not constitute an offence under the law of the requested country.

3. The requested Pact shall, without delay, inform the requesting Party of any decision not to comply in whole or in part with the request for assistance, with indication of the reasons.

ARTICLE 7

FORM OF TRAMITATION

1. Requests for assistance shall be processed in the manner provided for by the law of the requested Party.

2. If the requesting Party requests a special form of processing, the requested Party shall observe the modalities provided that this does not contravene its own legislation.

ARTICLE 8

REMISION OF DOCUMENTS AND OBJECTS

1. If the request for assistance is intended for the remission of documents and records, the requested Party shall have the authority to submit them in a certified copy or photocopy, unless the requesting Party expressly requests the originals.

2. The requested Party may refuse to submit documents and objects that have been requested from it, if its legislation does not permit or defer such documents or objects if necessary to it in an ongoing criminal proceeding.

3. The original documents and objects sent pursuant to a request for assistance shall be returned as soon as possible by the requesting Party, unless the requested Party expresses its disinterest for the return.

ARTICLE 9

RESTITUTION

The requesting Party may request the requested Party to restore the injured party, respecting the rights of third parties, all assets or values that may come from an offence.

ARTICLE 10

PRODUCT OF DELITOS

1. The requesting Party may request that the products of a violation of its criminal legislation be sought and shipped, which may be found in the territory of the requested Party.

2. The requested Party shall communicate to the requesting Party the outcome of its investigations.

3. The requested Party shall take all necessary measures authorizing it of its legislation to prevent such products from being subjected to a transaction or transferred or surrendered before the competent authority of the requesting Party has made a final decision.

4. If the forfeiture of products is requested, the request shall be executed in accordance with the law of the requested Party.

5. The confiscated products shall be owned by the requested Party, unless otherwise agreed.

ARTICLE 11

BETWEEN PROCEDURES

The requested Party shall transmit to the requesting Party the proof of the delivery of the documents, including the delivery, form and date thereof, eventually through a receipt dated and signed by the recipient. If delivery is not possible, the requesting Party shall be promptly notified and informed of the reasons for its enforcement.

ARTICLE 12

COMPARENCE OF PERSONS TO THE REQUIREMENT PART

1. The request for the summoning of an accused, witness or expert before the competent authorities shall be transmitted to the Central Authority of the requested Party at no less than forty-five (45) days in advance of the date of the appearance. In the event of urgency, the Central Authority of the requested Party may waive this period at the request of the Central Authority of the requesting Party.

2. The requested Party shall proceed to subpoena as requested, but without the effect of the conminatory clauses or penalties provided for incomparence.

3. Reimbursement of costs and compensation under the laws of the requesting Party shall be due to the witness and the expert. The request must specify your amounts.

ARTICLE 13

DATED AND LIGHT OF DILIGENCE

1. If the requesting Party expressly requests it, the requested Party shall inform the Party of the date and place of the proceedings of the rogatory.

2. The authorities and persons accredited by them may attend the proceedings of the rogatory if the requested Party so consents in the case of France or the competent authority in respect of Argentina.

ARTICLE 14

DECLARATION OF PERSONS IN THE TERRITORY OF THE PART

REQUERIDA

If the request is intended to have the declaration of an accused, witness or expert in the territory of the requested Party, it shall proceed to subpoena under the forms provided for in its legislation.

ARTICLE 15

IMPUNITY

1. The accused, witness or expert who, as a result of a summons appear before the competent authority of the requesting Party, may not be prosecuted or detained for acts or convictions prior to his departure from the territory of the requested Party.

2. The immunity provided for in this article shall cease to have effect when the person appearing before the competent authority has not left the territory of the requesting Party, having had the possibility to do so, within a period of fifteen (15) days from which he was notified by the competent authorities that his presence is no longer necessary or, having left him, shall return to the same.

ARTICLE 16

OF THE DETENTION

1. Where the summons for declaring or for a careless person before the competent authorities of the requesting Party relates to a person detained in the territory of the requested Party, the Party shall only have access to it if the detainee consents.

2. The requesting Party shall be obliged to keep the person transferred in custody and to return it in the same conditions as soon as it has ceased the need that led to the transfer request, unless the requested Party expressly requests that it be released.

ARTICLE 17

RECHAZO DEL TRASLADO

The transfer can be rejected:

(a) if the presence of the person is necessary during an ongoing criminal procedure in the territory of the requested Party;

(b) if their transfer is susceptible to prolong their detention; or

(c) if other important considerations were opposed to their transfer to the territory of the requesting Party.

ARTICLE 18

TRANSITIONAL

1. A Party may authorize the transit in its territory of persons detained by a third State whose personal appearance for the purpose of providing a declaration or a lack has been requested by the other Party. This authorization shall be granted to an order accompanied by all necessary documents.

2. The person transferred shall be detained in the territory of the requesting Party and eventually in the territory of the Party to which the transit has been requested, unless the requested Party requests its release during the temporary remission.

3. Each Party may refuse to grant transit to its nationals.

ARTICLE 19

PROSECUTION OF PENRAL PUBLIC ACTIONS

1. Any complaint addressed by a Contracting Party in view of the continuation of public criminal proceedings before the competent authorities of the other Party shall be submitted to the Central Authorities.

2. The requested Party shall disclose the course given to this complaint and transmit, if appropriate, a copy of the decision taken.

ARTICLE 20

EXPENDITURE

1. Subject to the provisions of article 12, paragraph 3, the execution of the request for assistance shall not result in any reimbursement of any expenses, except for those incurred with the intervention of experts in the territory of the requested Party and the transfer or transit of persons detained for the application of articles 16 and 18.

2. If the execution of the request requires extraordinary expenses, the Central Authorities will be consulted to determine the terms and conditions under which the required assistance will be met.

ARTICLE 21

IDIOMA

The request and the annexed documents, which are provided for in this Convention, shall be accompanied by a translation in the language of the requested Party.

ARTICLE 22

COMMUNICATION OF CONDENAS

Both Central Authorities will report each year the communications of convictions of their nationals and at the request of one of the Parties the basis of the conviction.

ARTICLE 23

BACKGROUND

The Central Authorities shall communicate, on an express request, the criminal record of a person, as permitted by their legislation.

ARTICLE 24

REVIEW OF LEGALIZATIONS

The documents provided for in this Convention shall be exempt from any legalization or any other similar formality.

ARTICLE 25

CONSULTATIONS

Both Parties shall consult through diplomatic channels, at the request of any Party, on the interpretation and application of this Convention.

ARTICLE 26

IN VIGOR AND

1. Each Party shall notify the other of compliance with the constitutional procedures required for the entry into force of this Convention, which shall take place on the first day of the second month following the day of receipt of the last notification.

2. Any Party may at all times denounce this Convention by means of a written notification addressed to the other Party through diplomatic channels; in this case, the complaint shall take effect on the first day of the third month following the day of receipt of such notification.

In faith, the representatives of the two Governments, duly authorized, have signed this Convention.

Made in Paris on 14 October 1998 in two originals in Spanish and French languages, both equally authentic.

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