Area Of Application Of The Additional Protocol To The European Convention On Mutual Assistance In Criminal Matters

Original Language Title: Geltungsbereich des Zusatzprotokolls zum Europäischen Übereinkommen über die Rechtshilfe in Strafsachen

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997700/geltungsbereich-des-zusatzprotokolls-zum-europischen-bereinkommen-ber-die-rechtshilfe-in-strafsachen.html

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42. Proclamation of the Federal Chancellor concerning the field of application of the additional protocol to 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 additional protocol to the European Convention on mutual assistance in criminal matters (BGBl. No. 296/1983, last proclamation of the scope BGBl. III No. 18 / 2004) deposited:

 







States:









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









Armenia





March 23, 2004







Chile





May 30, 2011







Korea, Republic of





September 29, 2011





 

On the occasion of the deposit of its instrument of ratification or instrument of accession, these States have declared following reservations or made declarations:

Armenia:

Pursuant to article 8 paragraph 2 of the Protocol, the Republic of Armenia, explains that:



a); do not match with the adoption of chapter I, letters rogatory for search or seizure of goods

(b) chapter II Armenia rejects.

Chile:

The Republic of Chile declared that for the purposes of article 3 lit. (b) of the additional protocol to send requests for legal assistance to the Ministry of Justice of Chile are.

Korea:

The Republic of Korea stated that, when the offense, which include mutual legal assistance is requested, under the law of the Republic of Korea with the death penalty is threatened and when in relation to such an offence the death penalty under the law of the requesting party is not provided or not normally is conducted, the Republic of Korea, if required, ensuring that the death penalty is not , even if imposed by a Court of the Republic of Korea.

 

In addition, the following States have changed as follows the Declaration made on the occasion of the deposit of the instrument of ratification:

Spain1:

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

"In accordance with article 24 of the Convention explains Spain that following judicial authorities are competent for the purposes of the Convention:"



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 Königreich2:

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.

Faymann