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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

42nd Chancellor's presentation on the scope of the Additional Protocol to 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 Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (BGBl. No 296/1983, last proclamation of the BGBl area. III n ° 18/2004):

States:

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

Armenia

23 March 2004

Chile

30 May 2011

Korea, Republic of

29 September 2011

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

Armenia:

Pursuant to Art. 8 (2) of the Protocol, the Republic of Armenia states that:

a)

it will not comply with the adoption of Chapter I, requests for legal assistance to search for or confiscated objects;

b)

Armenia Chapter II rejects.

Chile:

The Republic of Chile declares that for the purposes of Art. 3 lit. (b) the Additional Protocol, requests for legal assistance to the Ministry of Justice of Chile.

Korea:

The Republic of Korea declares that if the offence is requested for legal assistance, the Republic of Korea's right is threatened with the death penalty and if, in respect of such a crime, the death penalty shall be subject to the law of the requesting country. The Republic of Korea, if requested, shall ensure that the death penalty is not carried out, even if it has been imposed by a court of the Republic of Korea, or is not normally carried out.

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

Spain 1 :

Spain amends its declaration on Art. 24 of the Convention, 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 2 :

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.

Faymann