Scope Of The European Convention On Mutual Assistance In Criminal Matters

Original Language Title: Geltungsbereich des Europäischen Übereinkommens über die Rechtshilfe in Strafsachen

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_III_205/BGBLA_2013_III_205.html

205. by-laws of the Federal Chancellor concerning the scope of the European Convention on mutual assistance in criminal matters

Notifications the Secretary of General of the Council of Europe the following States have following explanations to the European Convention on mutual assistance in criminal matters (Federal Law Gazette No. 41/1969, last proclamation of the scope BGBl. III No. 45/2012) issued, amended their statements on the occasion of the ratification or withdrawn or declared the following reservations:

Malta1:

In accordance with article 24 of the Convention, Malta declared that the Government of Malta considers the following as "Judicial authorities" for the purposes of the Convention:-the courts, the juvenile court, the Criminal Court and the Court of criminal appeal.

-the Attorney General, the Deputy Attorney General, heads of unit and lawyers in the public prosecutor;

-the judges.

Norwegen2:

In accordance with article 33, paragraph 3 of the second additional protocol to the European Convention on mutual assistance in criminal matters takes back the Kingdom of Norway its reservation to article 11 of the European Convention on mutual assistance in criminal matters.

San Marino3:

It para. 2 of the Convention by the Republic of San Marino at the time of depositing the instrument of ratification on March 18, 2009 Declaration is amended as follows in relation to article 16:

In relation to article 16, paragraph 2 of the Convention the Republic of San Marino explains that a translation be accompanied in English is in Italian, or if this is not possible, each request for assistance and document vorgelegtem the authorities of San Marino and created in a language other than Italian.

In addition, the Republic of San Marino changed given reservation to article 22 as follows the April 30, 2013 on the occasion of the deposit of the instrument of ratification:

In relation to article 22 of the Convention, the Republic of San Marino declares that it is the information listed in article 22 to the extent available, as it allows criminal records office.

According to the authorities of San Marino is the change of the reservation to article 22 of the European Convention on mutual legal assistance in criminal matters on down, to ensure that the Republic of San Marino will grant any request of another party, with the only constraint of a restriction created by the criminal records office.

In fact only you on the basis of the reservation at the time of ratification of foreign judicial authorities accepted applications.

In the revised text, the Republic of San Marino undertakes also requests of authority to assume in particular by justice ministries in other countries, as expressly provided for in article 22 of the Convention.

Spanien4:

In relation to the European Convention on mutual assistance in criminal matters Spain would like to replace the terms "Registrars" in the English version and "Greffiers" in the French version the explanation given by Spain in accordance with article 24 "Secretarios Judiciales" in the text. This change also applies to the additional protocol to the European Convention on mutual assistance in criminal matters, signed at Strasbourg on 17 March 1978.

This change is carried out in accordance with the instructions of the Ministry of Justice as the English word "Registrar" and the French word "Greffiers" are not exactly the functions carried out by the "Secretarios Judiciales" in the Spanish legal system.

Therefore special terms of under national law (such as E.g. "Registrar" and "Registrar") due to their uniqueness in their native languages are used, according to the Ministry of Justice, the term "Secretarios Judiciales" without a translation in the text of the Declaration given to article 24 should be used to the said Convention.

 

The Niederlande5 also have submitted on 4 January 2012 the following declaration effective from October 10, 2010:

Taking into account the existing relations in public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), has the term "Motherland", used in article 25 paragraph 1 of the present Convention, not its original meaning in relation to the Kingdom of the Netherlands and should therefore, as far as the Kingdom of , refer to the "European part".

Faymann