Scope Of The European Convention On Mutual Assistance In Criminal Matters

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

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205. Presentation of the Federal Chancellor concerning the scope of the European Convention on Mutual Assistance in Criminal Matters

According to information from the Secretary-General of the Council of Europe, the following declarations have been made on the European Convention on Mutual Assistance in Criminal Matters (BGBl). No 41/1969, last proclamation of the BGBl area. III. No 45/2012), amend or withdraw their declarations on the occasion of ratification, or the following reservations are stated:

Malta 1 :

In accordance with Article 24 of the Convention, Malta declares that, for the purpose of the Convention, the Government of Malta shall consider the following as 'judicial authorities':

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the Local Courts, the juvenile court, the criminal court and the criminal court;

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the Attorney General, the Deputy Attorney General, Head of Unit and Attorneys General in the Prosecutor General's Office;

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the judges.

Norway 2 :

In accordance with Article 33 (3) of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Kingdom of Norway shall withdraw its reservation on Article 11 of the European Convention on Mutual Assistance in Criminal Matters.

San Marino 3 :

The Declaration of the Republic of San Marino on the date of deposit of the instrument of ratification of 18 March 2009, as referred to in Article 16 (2) of the Convention, shall be amended as follows:

With regard to Article 16 (2) of the Convention, the Republic of San Marino declares that any request for legal assistance and the authorities of San Marino for the purpose of a document presented in a language other than Italian shall be accompanied by a translation into the Italian, or if this is not possible, to be included in the English language.

Furthermore, on 30 April 2013, the Republic of San Marino amended the reservation on the occasion of the deposit of the instrument of ratification by Article 22, as follows:

With regard to Article 22 of the Convention, the Republic of San Marino declares that it shall make available the information referred to in Article 22 to the extent that it allows the Office of the Criminal Records Office to do so.

According to the San Marino authorities, the amendment of the reservation on Article 22 of the European Convention on Mutual Assistance in Criminal Matters is aimed at ensuring that the Republic of San Marino makes any request from another Contracting Party , with the sole restriction of a restriction created by the Office of Criminal Records.

In fact, only the applications submitted on the basis of the reservation at the time of ratification by foreign judicial authorities will be accepted.

In the revised text, the Republic of San Marino also undertakes to accept requests from other authorities, in particular those of Ministries of Justice of other countries, as expressly provided for in Article 22 of the Convention.

Spain 4 :

With regard to the European Convention on Mutual Legal Assistance in Criminal Matters, Spain would like to use the terms "registrars" in the English version and "Greffiers" in the French version by "Secretarios Judiciales" in the text of the Spanish version according to Article 24 replace declaration. This amendment also applies to the Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, signed in Strasbourg on 17 March 1978.

This change is made in accordance with the instructions of the Ministry of Justice, since the English word "Registrars" and the French word "Greffiers" do not exactly correspond to the functions exercised by the "Secretarios Judiciales" in the Spanish legal system .

Therefore, specific terms of national law (such as According to the Ministry of Justice, the term "Secretarios Judiciales" should be used without a translation in the text of the statement made in accordance with Article 24 of the Court of Justice. shall be used.

In addition, the Netherlands 5 on 4. In January 2012 the following statement was made with effect from 10. October 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), the term has 'Motherland', used in Article 25 (1) of the present Convention, no longer uses its original meaning in relation to the Kingdom of the Netherlands and should therefore, as far as the Kingdom is concerned, refer to the 'European part'.

Faymann