Legal Assistance Treaties In Criminal Material - Argentina - United States - Full Text Of The Norm

Original Language Title: TRATADOS ASISTENCIA JURIDICA EN MATERIAL PENAL - ARGENTINA - ESTADOS UNIDOS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
TREATY Law 26.137 Approve the Treaty of Cooperation between the Argentine Republic and the United Mexican States on Legal Assistance in Criminal Matters, signed in Buenos Aires on 4 July 2002. Sanctioned: August 16, 2006. Promulgated: August 30, 2006.

The Senate and Chamber of Deputies

of the Argentine Nation

meeting in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Approved the COOPERATION TREATY FOR ARGENTIN REPUBLIC AND MEXICAN UNITED STATES ON JURIDIC ASSISTANCE IN MATERIA PENAL, signed in Buenos Aires on 4 July 2002, which consists of VEINTIDOS (22) articles, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF AUGUST OF THE YEAR DOS MIL SEIS.

# 26,137 EL

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

TREATY

COOPERATION

BETWEEN THE ARGENTINA REPUBLIC

AND THE UNITED STATES

ON JURIDIC ASSISTANCE IN MATERIA

PENAL

The Argentine Republic and the United Mexican States, henceforth called "the Parties";

ANNEXED by the desire to cooperate within the framework of their friendly relations and the provision of legal assistance for the implementation of criminal justice;

RECOGNIZING the need to improve the linkage of the competent authorities in both countries to prevent, investigate and prosecute crimes through cooperation and legal assistance;

TENIENDO presente el Convención entre la República Argentina y los Estados Unidos Mexicanos sobre el Transfer de nacionales Condenados y el Fulfilment de las Sentencias Penales, subscribeo en la ciudad de Buenos Aires, el 8 de octubre de 1990 y el Memorandum de Entendimiento sobre Asistencia y Cooperación Técnica en materia Jurídica entre el Ministerio de Justicia de la República Argentina y la Procuraduría General de la República de los Estados Unidos Mexicanos,

They agreed to the following:

ARTICLE I

Scope of the Treaty

1. The Parties undertake to provide legal assistance in accordance with the provisions of this Treaty, in the conduct of investigations and proceedings relating to any criminal procedure instituted by facts whose knowledge complies with the Requesting Party at the time the assistance is requested.

2. This Treaty does not empower the authorities of one of the Parties to undertake, in the territorial jurisdiction of the Other, the exercise and performance of the functions whose jurisdiction or competence is exclusively reserved to the authorities of that other Party by their national legislation.

3. Legal assistance shall be provided irrespective of whether or not the reason for the investigation, prosecution or procedure in the Requiring Party is an offence under the national legislation of the Requiring Party.

4. In the case of enforcement of precautionary measures, securing or sequestration of property, house registers, interception of correspondence or communication intervention, assistance shall be provided when the originating act is punishable under the national legislation of both Parties. Where the originating Party is not punishable by the complaining Party, it may authorize the provision of assistance within the limits provided by its national legislation.

5. The purpose of this Treaty is only legal assistance between the Parties. The provisions of this Treaty shall not give rise to any right in favour of individuals in obtaining, deleting or excluding evidence or obstructing the application.

ARTICLE II

Denial and postponement of assistance

1. Legal aid may be denied if:

(a) The request relates to political or related offences with such offences, in the opinion of the Required Party;

(b) The application refers to an offence as such in military law but not in the common law of the Requiring Party;

(c) There are substantial grounds for believing that the request for assistance has been made with a view to prosecuting a person on the basis of race, sex, religion, nationality, ethnic origin or political views, or that the situation of such a person may be adversely affected by any of those reasons;

(d) The complaining Party is requested to take mandatory enforcement measures that would be inconsistent with its national legislation if the offence was investigated or prosecuted within its own jurisdiction;

(e) The complaining Party considers that the application is in conformity with its public order, security or other essential interests; and

(f) The requirement relates to an offence in respect of which the person has been released from criminal responsibility definitively or, having been convicted, the penalty and obligations arising from the act have been extinguished.

The denial of assistance shall be motivated and communicated to the Requiring Party.

2. The provision of the requested assistance may be deferred if it may prejudice an investigation or judicial procedure in the territory of the complaining Party or may affect the security of any person. The Requiring Party shall inform the Requiring Party of any of the cases referred to in this paragraph, by which it has determined the deferral or conditionalance of the execution of the assistance.

3. The provision of the requested assistance may not be denied due to the existence of bank secrecy or financial institutions.

ARTICLE III

Applicable Law

1. Compliance with a request for assistance shall be carried out in accordance with the national legislation of the Required Party, in accordance with the procedures expressly requested.

2. If the Requiring Party is interested in a special processing condition or form, it shall expressly inform the Requiring Party.

ARTICLE IV

Object of Assistance

1. The Requerida Party shall execute the request for legal assistance for the purpose of conducting investigations or proceedings relating to any criminal procedure.

2. The complaining Party may deny the sending of original objects, files or documents that have been requested to it, if its national legislation does not permit it or if it is necessary in an ongoing criminal procedure.

3. If the request for assistance is intended to transmit files and in general any kind of documents, the Required Party shall deliver certified copies.

4. Objects, records or documents that have been sent pursuant to a request for assistance shall be returned as soon as possible, unless the complaining Party expressly waives its return.

ARTICLE V

Implementation of requests for assistance

1. If the Requiring Party expressly requests it, it shall be informed of the date and place of implementation of the assistance. The authorities of the Requiring Party may attend the proceedings if the Requiring Party consents.

2. If the request for assistance is not implemented, the Requiring Party shall disclose to the Requiring Party the reasons for the lack of implementation.

ARTICLE VI

Notification of Procedural Acts

1. The Requiring Party shall proceed to the notification requested by the Requiring Party.

2. The notification may be made by simply referring the document to the addressee or, at the request of the Requiring Party, in any form provided for by the national legislation of the Requiring Party, or in any other manner consistent with such legislation.

3. The notification shall be credited by receipt dated and signed by the recipient or by certification of the competent authority which credits the fact, form and date thereof. The record of such notification shall be sent to the Requiring Party. If the notification has not been possible, the cases will be recorded.

4. The request for the summoning of the likely responsible or accused, witness or expert before the authorities of the Requiring Party shall be submitted forty-five (45) days in advance of the date indicated for the appearance.

ARTICLE VII

Limits for the Use of Information and Evidence

1. The Requiring Party may not disclose or use the confidential information or evidence provided with that same character for other purposes other than those specified in the requirement, without the prior consent of the Requiring Party.

2. Where necessary, the complaining Party may request that the information or evidence provided be kept confidential in accordance with the conditions specified by that Party. If the Requiring Party cannot comply with such a request, both Parties shall be consulted to determine the mutually desirable confidentiality conditions.

3. Information or evidence that is not confidential, once they have been made public in the Requiring Party, within the procedure described in the request for assistance, shall not be subject to the restriction referred to in paragraph 1 of this Article.

ARTICLE VIII

Assurance or Abduction Measures

1. Any Party may notify the Other of the reasons it has to presume that the objects, products or instruments of an offence are within the territory of that other Party.

2. Parties shall assist to the extent permitted by their national legislation to promote precautionary procedures and measures to ensure or seize objects, products or instruments of crime.

ARTICLE IX

Home and confiscation register

1. Applications relating to house records, forfeiture and delivery of the objects thus obtained shall be executed if they contain the information and, where appropriate, documentation justifying such actions in accordance with the national legislation of the Required Party.

2. The authority that has applied for a house search or forfeiture shall provide the Requiring Party with a certification as indicated in the application for the identity of the insured or kidnapped object, the integrity of its condition and the continuity of its custody. This certification shall be admissible as a legal evidence in the procedure in question.

ARTICLE X

Comparison of Persons in the Requiring Party

1. If the Requiring Party requests the appearance of the probable person responsible or accused, witness or expert in the territory of the other Party, it shall proceed to the summons, as requested, but without the effect of the conminatory clauses or penalties provided for in the event of not appearing.

2. The request referred to in the previous numeral should mention the amount of the vitics, fees and compensation that the witness or expert will receive.

3. The Requiring Party shall permit the presence of the competent authorities of the Requiring Party during the course of the proceedings in accordance with the national legislation applicable in the Requiring Party.

ARTICLE XI

Immunity of Responsible or Imputed Probables, Witnesses and Peritos

1. A probable person responsible or accused, witness or expert, whatever his nationality, who, as a result of a summons, appears before the competent authorities of the Requiring Party, may not be prosecuted or detained in that Party for acts or convictions prior to his departure from the territory of the Requiring Party.

2. The immunity provided for in the preceding numeral shall cease when the likely responsible or accused, witness or expert remains more than thirty (30) days in the territory of the Requiring Party, from the time that his presence is no longer necessary for the competent authorities of that Party.

ARTICLE XII

Compared Persons in the Required Party

1. The likely person responsible or charged, witness or expert in the territory of the Requiring Party shall be summoned by his or her competent authority, at the request of the Requiring Party, to appear, testify or submit documents, records or objects to the same extent as it would conform to the national legislation of the Requiring Party.

2. Any claim of immunity, incapacity or privilege established under the domestic law of the Requiring Party shall be resolved exclusively by the authorities of the Requiring Party. Accordingly, the testimony shall be taken in the Requiring Party and it shall be sent to the Requiring Party where such a claim shall be settled by its competent authorities.

3. The Requiring Party shall inform the Requiring Party of the date and place that has been set for the appearance of the person. When it becomes impossible, the Parties shall consult with the purpose of ensuring a suitable date for both.

4. The Requiring Party shall permit the presence of competent authorities of the Requiring Party during the course of the proceedings, in accordance with the national legislation applicable in the Requiring Party.

ARTICLE XIII

Comparison of detained persons

1. Where the Requiring Party requests personal appearance before its competent authorities, as a witness or for a lack of a person detained in the territory of the Requiring Party, the Party shall have access to this if the detainee grants his or her consent in an express and written manner, and if the Party considers that there are no important considerations that oppose the transfer.

2. The Requiring Party shall be obliged to keep the person transferred in custody and to return it as soon as the procedure specified in the request that resulted in the transfer has been carried out.

3. The time spent in custody in the Requiring Party shall be computed in the sentence imposed on the person transferred.

ARTICLE XIV

Information of Condemnatory Sentences

The Parties shall be informed of the convictions that the judicial authorities of one of them have rendered against the nationals of the Other.

ARTICLE XV

Information from Criminal Background

When one of the Parties requests the other criminal record of a person, such a record shall be communicated to the Party if it is not prohibited by the national legislation of the complaining Party.

ARTICLE XVI

Form and Content of the Request for Assistance

1. Requests for assistance shall be submitted in writing. In urgent cases, the request may be made by fax or by any other means acceptable by the Requerida Party, which shall take the necessary measures to execute it, on the understanding that the request shall be formalized as soon as possible.

2. The request for assistance must contain the following requirements:

(a) competent authority emanating from the document or resolution;

(b) The nature of the document or the resolution;

(c) Accurate description of the assistance requested;

(d) Description of the reasons for the assistance requested;

(e) The offence referred to in the proceedings:

(f) to the extent possible, nationality and domicile of the likely responsible or accused, or of the convicted person; and

(g) name and address of the recipient.

3. Requests for assistance that are intended for any diligence other than the mere delivery of documents shall also include a summary statement of the facts, in which the requested evidence is linked.

4. When a request for assistance is not executed by the Required Party, it shall return it with the expression of the case.

5. The Required Party shall maintain the confidentiality of the application and its content, unless it receives authorization contrary to the Requiring Party. Where an application cannot be executed without breach of the required confidentiality, the Requiring Party shall inform the Requiring Party, which shall determine whether the application should be executed in any event.

ARTICLE XVII

Expenditure

1. The Required Party shall cover the costs of implementing the request for assistance, while the Requiring Party shall cover:

(a) Expenditure relating to the transfer of any person, from or to the Required Party at the request of the Requiring Party and any costs or expenses payable to this person, while in the territory of the Requiring Party arising from a request made in accordance with Articles X and XIII of this Agreement; and

(b) the costs and fees of experts.

2. If it is clear that the implementation of the request requires extraordinary expenses, the Parties shall be consulted in advance to resolve the terms and conditions under which the requested assistance may be provided.

ARTICLE XVIII

Central Authorities

1. In order to ensure proper cooperation between the Parties, in the provision of legal assistance under this Treaty, the Argentine Republic designates as the Central Authority the Ministry of Foreign Affairs, International Trade and Worship and the United Mexican States the Office of the Attorney-General of the Republic. The Central Authority of the Required Party shall comply expeditiously with the requests or, where appropriate, shall transmit them to other competent authorities to execute them, but shall retain the coordination of the implementation of such requests.

2. Notwithstanding the foregoing, the Parties may in any case use the diplomatic channel or entrust their consuls with the practice of procedures permitted by their national legislation.

ARTICLE XIX

Exemption of Legalization

The documents issued by the judicial authorities or the Public Prosecutor ' s Office transmitted under this Treaty, through the Central Authorities or through diplomatic channels, shall be exempt from any legalization or other similar formality.

ARTICLE XX

Consultations

1. The Central Authorities shall consult, on mutually agreed dates, with a view to facilitating the implementation of this Treaty.

2. The difficulties arising from the application and interpretation of this Treaty shall be resolved by the Central Authorities.

ARTICLE XXI

Temporary Scope of Application

This Treaty shall apply to any application filed after its entry into force, even if the facts occurred prior to that date, in accordance with the applicable provisions.

ARTICLE XXII

General provisions

1. This Treaty shall be subject to ratification and shall enter into force thirty (30) days after the date of the exchange of instruments of ratification.

2. This Treaty may be amended by mutual consent of the Parties and the agreed amendments shall enter into force in accordance with the procedure set out in numeral 1.

3. Any Party may terminate this Treaty at any time, by written notification, by diplomatic means and shall cease to be in force one hundred and eighty (180) days after such notification has been received, but in any case, the applications under review shall be carried out in a normal manner until their conclusion.

Made in the city of Buenos Aires, on the four of July of two thousand two, in two original copies in Spanish, being both equally authentic texts.

Signatures