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: https://www.global-regulation.com/law/austria/2997693/geltungsbereich-des-europischen-bereinkommens-ber-die-rechtshilfe-in-strafsachen.html

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45. public announcement of the Federal Chancellor concerning the scope of the European Convention on mutual assistance in criminal matters

After notifications the Secretary of General of the Council of Europe, following further States have their instruments of ratification or accession to the European Convention on mutual assistance in criminal matters (Federal Law Gazette No. 41/1969, last proclamation of the scope BGBl. III No 67/2007) deposited:

 



States:



Date of deposit of the instrument of ratification or instrument of accession:



Chile



May 30, 2011



Korea, Republic of



September 29, 2011



San Marino



March 18, 2009 on the occasion of the deposit of the instrument of ratification or instrument of accession following States have declared following reservations or made declarations:

Chile:

In accordance with article 15 para. 6 of the Convention explains the Republic of Chile, that for the purposes of article 15 letters rogatory to direct Affairs of Chile 3, 4 and 5, as well as requests under article 11 of the Ministry of Foreign Affairs are para 1 article.

In accordance with article 7, paragraph 3 of the Convention explains the Republic of Chile that the summons to a defendant, is to submit its authorities at least fifty (50) days in advance prior to the date fixed for the appearance.

In accordance with the provisions of article 15 paragraph 6 of the Convention, for the purposes of article 15 paragraph 3, in relation to article 13 para 1 and 2 declares the Republic of Chile, letters rogatory, to have the delivery of excerpts and information on court file to the content, the Ministry of Justice and to be submitted to the information in the transcript on the Ministry of Foreign Affairs of Chile.

In accordance with the provisions of article 16, paragraph 2 of the Convention declared the Republic of Chile that a translation in the Spanish language to be attached is the requests addressed to them. In the attached documents, the Republic of Chile reserves the right to require that it be translated into Spanish.

Pursuant to article 5 paragraph 1 of the Convention declared the Republic of Chile, that she has the right, the execution of letters rogatory for search or seizure of objects of the condition of referred to article 5 ABS. 1 lit. (c) subject to.

In accordance with the provisions of article 15, para. 6 of the Convention the Republic of Chile declared that for the purposes of the enforcement of article 21 para 1, messages to the Chilean State Prosecutor's Office are to submit.

In accordance with article 24 of the Convention, the Republic of Chile stated that the courts from which the justice is composed, is consider as judicial authority for the purposes of the Convention.

Request for assistance for the purposes of this Convention can be transmitted also to the public prosecutor has to request the intervention of the judge of the warranty, if it is required by Chilean law due to the nature of the request. However, this Declaration in no case the Prosecutor granted judicial powers and does not make it also a judicial authority.

Korea:

The Republic of Korea stated that, if the offense, which include mutual legal assistance is requested under the law of the Republic of Korea with the death will be punished, and if not provided for such an offence the death penalty under the law of the requested Party or not normally carried out, so assured the Republic of Korea, if desired, that the death penalty is not, even if by a court imposed the Republic of Korea.

With regard to article 7, paragraph 3, of the Convention explains the Republic of Korea that sets a deadline of 45 days.

In accordance with article 15 of the Convention, the Republic of Korea reserves the right to restrict their communications on the diplomatic way 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 paragraph 2 as follows: "request, attached documents, and all other communications this Convention a translation into the language of the requesting party or in the English language is according to be attached."

Pursuant to article 5 paragraph 1 of the Convention declared the Republic of Korea, that she the right reserves, the execution of letters rogatory by the article 5 ABS. 1 lit. c conditions laid depending on to make.

San Marino:

According to article 5 paragraph 1 of the Convention the Republic of San Marino explains that it reserves the right, the execution of letters rogatory by the article 5 lit. referred to in a and c conditions depend on.

Pursuant to article 7, paragraph 3 of the Convention the Republic of San Marino explains that she only granted legal assistance in their territory when a summons to the authorities of San Marino at least forty (40) days in advance is submitted prior to the deadline set for the show.

With regard to article 15 para. 6 of the Convention, the Republic of San Marino explains that each request for assistance and each document directly to the competent judicial authority and in the transcript on the Ministry of Justice is to submit. The Republic of San Marino declares that, for the purposes of this Convention, the Court of San Marino is the competent judicial authority.

With regard to article 16 paragraph 2 of the Convention the Republic of San Marino stated that a translation in the Italian language to add is any letters rogatory and each document in the presented to the authorities of San Marino and written in a language other than Italian.

With regard to article 26 paragraph 4 of the Convention declared the Republic of San Marino, that all provisions of the bilateral agreements between the parties with respect to legal assistance in criminal matters remain in place, as far as not contrary to are the provisions of this Convention.

With regard to article 2 of the Convention, the Republic of San Marino reserves the right to grant, that the results of the investigation and submitted information, files and documents may be used, nor transmitted without the prior consent of the requesting party for other than the purposes referred to in the request, legal assistance provided.

With regard to article 2 of the Convention, the Republic of San Marino reserves the right to refuse mutual legal assistance if the person who is the subject of the request, was convicted of the same offence by a final judgment of the judicial authority of San Marino.

With regard to article 22 of the Convention, the Republic of San Marino declares that for organisational reasons the Registrar's Office of San Marino unable is to guarantee a systematic exchange of information on decisions contained in the criminal record. However the Republic of San Marino on a special request of the competent foreign judicial authorities in criminal records will be collected details of criminal judgments available.

In accordance with article 24 of the Convention declared the Republic of San Marino, that following judicial authorities are competent for the purposes of the Convention: - Justice Commissioner - coroner (Commissario della Legge - inquirente Giudice) - Justice Commissioner - criminal (Commissario della Legge - decidente Giudice) - Attorney (Procuratore del Fisco) - appeals judges in criminal matters (Giudice di appello pénale)-criminal of third instance Giudice per la Terza Instanceâ penale)-judge for extraordinary legal remedies in criminal matters (Giudice per i Rimedi straordinari in materia penale) - Constitutional Court (Collegio Garante della costituzionalità delle norme).

 

After further communication from the Secretary-General of the Council of Europe according to following States have on the occasion of the deposit of its instrument of ratification or instrument of accession issued reservations and declarations partially or completely withdrawn or changed:

Arménie1:

Statement in the year 2002 the Republic of Armenia to the Convention appointed, inter alia, the Ministry of Interior of the Republic of Armenia, as the competent judicial authority for the purposes of the Convention. Starting in 2003, the Ministry of Interior of the Republic of Armenia in the police force of the Republic of Armenia was reorganized; Thus, the police of the Republic of Armenia following the previous Ministry of Interior of the Republic of Armenia as the competent judicial authority.

Lettland2:

In accordance with article 15 para. 6 of the Convention explains the Republic of Latvia, that requests for assistance are to be send to: - Ministry of Interior - during the investigation in the pre-litigation procedure until the introduction of the law enforcement: Ciekurkalna 1st line 1, k-2 Riga, LV-1026, Latvia - Prosecutor - during the investigation in the preliminary proceedings to the template of the case to the Court: O. Kalpaka blvd 6 Riga LV - 1801, Latvia — Ministry of justice - while the main hearing : Brivibas blvd 36, Riga, LV - 1536 Latvia Spanien3:

Spain changes its article 24 of the Convention Declaration contained in the instrument of ratification. This change also applies to the additional protocol to the Convention, and is as follows:

"(Gemäß art. 24 des Übereinkommens erklärt Spanien, dass für die Zwecke des Übereinkommens folgende Justizbehörden zuständig sind: a) ordinary judges and courts;"

b) register officials;

(c) public prosecutors;

d) military judges and courts;

e) report shall end register officials of the military courts.

This statement also applies to the additional protocol to the Convention, completed in Strasbourg on 17 March 1978."

United kingdom4:


The Government of the United Kingdom proposes that pursuant to article 25 paragraph 5 of the Convention and article 7 para 2 of the additional protocol the UK ratification of the Convention and the additional protocol on Jersey, a territory for whose international relations the United Kingdom is responsible, will be extended.

The reservations of the Government of the United Kingdom of Great Britain and Northern Ireland at the time of ratification with regard to article 2, article 3, article 5 para. 1, art. 11 paragraph 2, articles 12 and 21 of the Convention and article 8 paragraph 2 (relating to chapters II and III) of the additional protocol be applied on the island of Jersey. I have further the honour to make additional explanations on behalf of the Bailiwick of Jersey:

On the island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland, demanding that the references "Ministry of Justice" for the purposes of article 11 paragraph 2, article 15 par. 1, 3 and 6, art. 21 para. 1 and art. 22 on your Majesty be sent Attorney General for Jersey.

According to article 16 paragraph 2 the Government of the United Kingdom of Great Britain and Northern Ireland on behalf of the island of Jersey the right reserves that translations into English should be attached to the request addressed to it and annexed documents.

In the name of the island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland notes that the small jurisdiction receives a much higher number of requests for assistance from Jersey, as it is. In the circumstances the Government of the United Kingdom of Great Britain and Northern Ireland expresses a desire on behalf of the island of Jersey, that applicants are ready to take into account a reasonable reimbursement of expenses outside of the scope of application laid down in article 20. In the name of the island of Jersey, the Government of the United Kingdom of Great Britain and Northern Ireland stated that a failure to agree on the reimbursement of expenditure does not affect the commitment of the island of Jersey regarding the obligations contained in the Convention.

Pursuant to article 24, the Government of the United Kingdom of Great Britain and Northern Ireland for the purposes of the Convention considers the following authorities as judicial authorities on the island of Jersey:

-the District Court and the Royal Court

-Her Majesty the Attorney General for Jersey.

The circulation of this note to all other Contracting Parties, on the basis I can ask para 5 of the Convention to comply with the provisions of article 25 that, if within 90 days from the day of this circulation is received no rejection note a relevant agreement with respect to article 25 paragraph 5 as valid between the United Kingdom and each of the parties will be deemed.

 

In addition, the Secretary-General of the Council of Europe submitted following joint letter of the Minister of Justice of Belgien5 and the Niederlanden6 the parties of the Convention on February 10, 2010:

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

The agreement contains a special provision for criminal cooperation with third countries. Article 18 of the Convention refers to criminal acts at the request of third countries regarding Belgian prisoners who are detained in the downtown prison on Dutch territory.

In accordance with paragraph 1 of this provision, the Netherlands are not consider extradition requests or the requests for assistance from third States, but transmit to Belgium. This agreement is a response to other provisions of the Convention, according to which the judicial and other authorities of the Netherlands generally does not deal with prisoners of the prison of Tilburg.

In this context Belgium and the Netherlands announce the following:

Requests for extradition and provisional arrest

We recommend that the Contracting Parties of the European Convention on extradition send requests for extradition and provisional detention of persons imprisoned in the prison of Tilburg concluded Convention on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law exclusively to the Belgian authorities after October 31, 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium.

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

Alerts via Interpol to delivery and request for provisional detention of persons who are in prison in Tilburg, do not run in the Netherlands.

Letters rogatory

We recommend that the Central and judicial authorities of the Contracting States of the Convention on mutual assistance in criminal matters regarding send the requests for assistance only to the competent Belgian authorities in the prison of Tilburg under the Convention concluded on October 31, 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium concerning the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law.

If nevertheless sent letters rogatory regarding this people in the Netherlands, they are transmitted to the competent authorities of the Kingdom of Belgium.

Faymann