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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45. The Chancellor's presentation on the scope of the European Convention on Mutual Assistance in Criminal Matters

According to the Communications of the Secretary-General of the Council of Europe, the following countries have ratified their instruments of ratification or Accession documents to the European Convention on Mutual Assistance in Criminal Matters (BGBl. No 41/1969, last proclamation of the BGBl area. III No 67/2007):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Chile

30 May 2011

Korea, Republic of

29 September 2011

San Marino

18 March 2009

On the occasion of the deposit of the instruments of ratification or The following Member States have declared the following reservations, or Statements made:

Chile:

In accordance with Article 15 (6) of the Convention, the Republic of Chile declares that, for the purposes of Article 15 (1), requests for legal assistance pursuant to Articles 3, 4 and 5, as well as requests pursuant to Article 11, must be addressed to the Ministry of Foreign Affairs of Chile.

In accordance with Article 7 (3) of the Convention, the Republic of Chile declares that the summons to an accused person must be sent to its authorities at least fifty (50) days in advance before the date fixed for the publication.

In accordance with the provisions of Article 15 (6) of the Convention, for the purposes of Article 15 (3) thereof, in respect of Article 13 (1) and (2), the Republic of Chile declares that requests for mutual legal assistance shall be applied to the transmission of extracts and information on court records to the Ministry of Foreign Affairs and to the Ministry of Foreign Affairs of Chile for information in writing.

In accordance with the provisions of Article 16 (2) of the Convention, the Republic of Chile declares that the request addressed to it shall be accompanied by a translation into the Spanish language. With regard to the attached documents, the Republic of Chile reserves the right to demand that it be translated into the Spanish language.

In accordance with Article 5 (1) of the Convention, the Republic of Chile declares that it reserves the right to request the execution of a request for legal assistance for the search or seizure of objects from the condition of the said Article. 5 Abs.1 lit. c to make dependent.

In accordance with the provisions of Article 15 (6) of the Convention, the Republic of Chile declares that, for the purposes of the enforcement of Article 21 (1), communications to the Chilean Public Prosecutor's Office are to be sent.

In accordance with Article 24 of the Convention, the Republic of Chile declares that the courts, which make up the judiciary, should be considered as the judicial authority for the purposes of the Convention.

Requests for legal assistance for the purposes of this Convention may also be sent to the Public Prosecutor's Office, which has to request the intervention of the competent guarantor if it is based on the nature of the request under Chilean law is required. However, this declaration does not grant judicial powers in any case to the Public Prosecutor's Office and does not make it a judicial authority either.

Korea:

The Republic of Korea declares that, if the offence of legal assistance is requested under the law of the Republic of Korea, it shall be punished with death, and if, in respect of such a offence, the death penalty shall be punishable under the law of the If it is not provided for or as a rule is not carried out, the Republic of Korea shall, if requested, ensure that the death penalty is not carried out, even if it has been imposed by a court of the Republic of Korea.

With regard to Article 7 (3) of the Convention, the Republic of Korea declares that it shall set a deadline of 45 days.

According to Art. 15 of the Convention, the Republic of Korea reserves the right to restrict its communication channels on the diplomatic path and the direct route between the Ministries of Justice.

With regard to Article 16 of the Convention, the Republic of Korea reserves the right to apply Article 16 (2) as follows: ' Request, attached documents and all other communications pursuant to this Convention shall be translated into the language of the to the requesting Contracting Party or to the English language. "

In accordance with Article 5 (1) of the Convention, the Republic of Korea declares that it reserves the right to request the execution of requests for legal assistance from those in Art. 5 Abs.1 lit. (c) shall be subject to conditions.

San Marino:

In accordance with Article 5 (1) of the Convention, the Republic of San Marino declares that it reserves the right to request the execution of requests for legal assistance from those in Art. 5 lit. a and c shall be made subject to the conditions laid down.

According to Article 7 (3) of the Convention, the Republic of San Marino declares that it only grants legal assistance in its territory if a court summons to the San Marino authorities at least forty (40) days in advance before that The date fixed shall be sent.

With regard to Article 15 (6) of the Convention, the Republic of San Marino declares that any request for mutual assistance and any document shall be sent directly to the competent judicial authority and to the Ministry of Justice in writing. The Republic of San Marino declares that, for the purposes of this Convention, the Court of San Marino shall be the competent judicial authority.

With regard to Article 16 (2) of the Convention, the Republic of San Marino declares that any request for legal assistance and any document submitted to the San Marino authorities and written in a language other than Italian shall be subject to a translation in the Italian language.

With regard to Article 26 (4) of the Convention, the Republic of San Marino declares that all provisions of the bilateral agreements with the Contracting Parties relating to mutual legal assistance in criminal matters shall remain in force, in so far as they do not conflict with the provisions of the Agreement. Provisions of this Convention.

With regard to Article 2 of the Convention, the Republic of San Marino reserves the right to provide legal assistance on condition that the results of the investigation, as well as the information, files and documents transmitted, are not used, nor prior consent of the requesting Contracting Party for purposes other than those mentioned in the request.

With regard to Art. 2 of the Convention, the Republic of San Marino reserves the right to refuse legal assistance if the person who is the subject of the request for the same act by a final judgment of the Justice Department of San Marino has been condemned.

With regard to Article 22 of the Convention, the Republic of San Marino declares that, for organisational reasons, the San Marino registry office is not in a position to provide a systematic exchange of information on decisions contained in the criminal record. . Nevertheless, the Republic of San Marino will provide information on criminal judgments in response to a special request from the competent foreign judicial authorities in the criminal record.

In accordance with Article 24 of the Convention, the Republic of San Marino declares that, for the purposes of the Convention, the following judicial authorities are competent:

-

Justice Commissioner-investigating magistrates (Commissario della Legge-Giudice inquirente)

-

Justice Commissioner-Strafrichter (Commissario della Legge-Giudice decidente)

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Prosecutor (Procuratore del Fisco)

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Professional judges in criminal matters (Giudice di appello penale)

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Criminal third instance Giudice per la Terza Instanza penale)

-

Judges for extraordinary legal remedies in criminal matters (Giudice per i Rimedi straordinari in materia penale)

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Court of Constitutional Court (Collegio Garante della costituzionalità delle norme).

According to a further note by the Secretary-General of the Council of Europe, the following states have the following states to take account of the deposit of their instruments of ratification. In part or in part, the reservations and declarations made or the declarations are withdrawn or changed:

Armenia 1 :

In the declaration of the Republic of Armenia to the Convention, issued in 2002, among other things, the Ministry of the Interior of the Republic of Armenia was appointed as the competent judicial authority for the purposes of the Convention. Starting in 2003, the Ministry of the Interior of the Republic of Armenia was reorganized into the police of the Republic of Armenia, thus following the police of the Republic of Armenia to the former Ministry of the Interior of the Republic of Armenia as the competent judicial authority.

Latvia 2 :

In accordance with Article 15 (6) of the Convention, the Republic of Latvia declares that requests for mutual assistance are to be sent to:

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The Ministry of the Interior-during the investigation in the preliminary proceedings until the initiation of the prosecution:

Ciekurkalna 1st line 1, k-2

Riga, LV-1026, Latvia

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the General Prosecutor's Office-during the investigation in the preliminary proceedings until the submission of the case to the Court of First Instance:

O. Kalpaka blvd 6

Riga, LV-1801, Latvia

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the Ministry of Justice-during the main trial:

Brivibas blvd 36,

Riga, LV-1536, Latvia

Spain 3 :

Spain shall amend its declaration on Article 24 of the Convention as contained in the instrument of ratification. This amendment also applies to the Additional Protocol to the Convention, and reads as follows:

" In accordance with Article 24 of the Convention, Spain declares that, for the purposes of the Convention, the following judicial authorities are competent:

a)

ordinary judges and courts;

b)

Register officers;

c)

Prosecutors;

d)

Military judges and courts;

e)

Rapporteur on military courts.

This declaration shall also apply to the Additional Protocol to the Convention, concluded in Strasbourg on 17 March 1978. "

United Kingdom 4 :

The United Kingdom Government proposes that, pursuant to Article 25 (5) of the Convention and Article 7 (2) of the Additional Protocol, the United Kingdom shall ratify the Convention and the Additional Protocol to Jersey, an area for which: whose international relations the United Kingdom is responsible for, is extended.

The reservations of the Government of the United Kingdom of Great Britain and Northern Ireland on the occasion of the ratification of Article 2, Article 3, Article 5 (1), Article 11 (2), Articles 12 and 21 of the Convention and Article 8 (2) (concerning Chapter II) and III) of the Additional Protocol shall be applied in respect of the island of Jersey. In addition, I have the honour to make additional statements on behalf of the Jersey Vogtei:

With regard to the island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland requires that the references to the "Ministry of Justice" for the purposes of Art. 11 (2), Art. 15 (1), (3) and (6), Article 21 (1) and Article 22 (2) of the "Ministry of Justice" shall be referred to your Majesty's attorney general for Jersey to judge.

In accordance with Article 16 (2), the Government of the United Kingdom of Great Britain and Northern Ireland, on behalf of the island of Jersey, reserves the right to provide translations into English of the requests and documents attached to it. should be.

On behalf of the island of Jersey, the UK government of Great Britain and Northern Ireland notes that Jersey's small jurisdiction receives a much higher number of legal assistance requests than it does. Under the circumstances, the Government of the United Kingdom of Great Britain and Northern Ireland, on behalf of the island of Jersey, expresses the wish that applicants are willing to apply outside the scope of application laid down in Article 20 of this Regulation. appropriate reimbursement of expenses. On behalf of the island of Jersey, the United Kingdom Government of Great Britain and Northern Ireland declares that a lack of agreement on the reimbursement of expenses relates to the commitment of the island of Jersey to the agreements contained in the Convention. Commitments are not affected.

In accordance with Article 24, for the purposes of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland shall consider the following authorities to be the judicial authorities on the island of Jersey:

-the District Court and the Royal Court of Justice

-Her Majesty the Attorney General for Jersey.

In order to comply with the provisions of Article 25 (5) of the Convention, I would like to circulate this note to all other Contracting Parties on the basis that, if there is no refusal of refusal within 90 days from the date of this circulation , a relevant agreement relating to Article 25 (5) shall be deemed to be valid between the United Kingdom and each of the Contracting Parties.

Furthermore, on 10 February 2010, the Secretary-General of the Council of Europe sent the following joint letter from the Minister of Justice of Belgium 5 and the Netherlands 6 To the Contracting Parties to the Convention:

On 1 February 2010, an agreement entered into force between the Kingdom of the Netherlands and the Kingdom of Belgium, in which the Netherlands Belgium, a prison located on Dutch territory (Tilburg), for the execution of Belgium in accordance with Belgian law, provides for criminal sentences. The Convention applies in principle until 31 December 2012, but the period of validity may be shortened or extended until 31 December 2011 or extended until 31 December 2013.

The Convention contains a special regime for criminal cooperation with third countries. Article 18 of the Convention relates to criminal acts, at the request of third countries, relating to Belgian detainees held in prison on Dutch territory.

According to paragraph 1 of this provision, the Netherlands will not examine requests for extradition and/or requests for mutual assistance from third countries, but will send them to Belgium. This agreement is the reaction to other provisions of the Convention, according to which the judiciary and other authorities in the Netherlands do not normally deal with prisoners of the Tilburg prison.

In this context, Belgium and the Netherlands announce the following:

Request for extradition and provisional arrest

We recommend that the parties to the European Convention on Extradition request extradition and provisional arrest of persons detained in the prison of Tilburg, exclusively to the Belgian authorities after the 31 December 2008. The Convention on the Provision of a Prison in the Netherlands to the Netherlands for the Enforcement of Enforcement under Belgian Law, concluded in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, was concluded in October 2009. Send custodial sentences.

If the Dutch authorities continue to receive requests for the extradition or provisional arrest of these persons, they will not treat them, but will send them to the Belgian authorities for further action.

Calls for tenders on Interpol for extradition and requests for the provisional arrest of persons who are in the prison in Tilburg are not carried out in the Netherlands.

Requests for legal assistance

We recommend that the central and judicial authorities of the States Parties to the Convention on Mutual Assistance in Criminal Matters only request the relevant Belgian authorities to provide legal assistance with regard to the Tilburg Prison in accordance with the provisions of the 31 December 2008. The Convention on the Provision of a Prison in the Netherlands to the Netherlands for the Enforcement of Enforcement under Belgian Law, concluded in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, was concluded in October 2009. Send custodial sentences.

However, if requests for legal assistance relating to such persons are sent to the Netherlands, they shall be forwarded to the competent authorities of the Kingdom of Belgium.

Faymann