67. Reaction of the Federal Chancellor concerning the scope of the European Convention on Mutual Assistance in Criminal Matters

According to the note by the Secretary-General of the Council of Europe, Monaco held its instrument of ratification on 19 March 2007 on the European Convention on Mutual Assistance in Criminal Matters (BGBl). No 41/1969, last proclamation of the BGBl area. III n ° 199/2005), and the following reservation is declared or Statements made:

Reservation:

In accordance with Article 2 of the Convention, the Principality of Monaco reserves the right to grant legal assistance under the Convention only on the express condition that the results of the investigations, as well as those contained in the documents and the documents, are not provided for in the documents and the documents. shall not be used or transmitted without prior consent from the authorities of the requesting Contracting Party for purposes other than those mentioned in the request.

Explanations:

The Principality of Monaco declares, in accordance with Article 7 (3), that the summons to be summoned for an accused person situated on its territory to the authorities of Monaco within not less than 30 days before that for the appearance of those persons shall be forwarded.

The Principality of Monaco declares that the expression "Ministry of Justice" is applied to the objectives of the Convention to the "Direction of the Services Judiciaires".

The Principality of Monaco declares that it intends to make use of the possibility provided for in Article 15 (6) in the context of Article 15 (2) and (4) of the Convention, so that the provisions of those two paragraphs shall apply in the following respects:

-		Article 15 (2): in cases of urgency, where the requests for legal assistance pursuant to Articles 3, 4 and 5 are addressed directly by the judicial authorities of the requesting Contracting Party to the judicial authorities of the requested Contracting Party, a copy thereof shall be provided at the same time as Ministry of Justice of the requested Contracting Party;
-		Article 15 (4): other requests for legal assistance as such pursuant to Article 15 (1) and (3) and, in particular, requests in the context of preliminary surveys shall be requested by the Ministry of Justice of the requesting Contracting Party to the Ministry of Justice of the requested Contracting Party To direct and return to the Contracting Party on the same route.

The Principality of Monaco requires, in accordance with Article 16 (2) of the Convention, that requests for legal assistance and enclosed documents should be accompanied by a translation into the French language.

According to other communications from the Secretary-General of the Council of Europe, the following states have the following states on the occasion of the deposit of their ratifications or Instruments of accession to the Convention have been amended and declarations made as follows:

Albania 1 :

In accordance with Art. 24, the Republic of Albania declares that the following authorities shall be considered as judicial authorities:

-		The Supreme Court
-		The Court of Appeal
-		The courts of first instance
-		The Office of the Attorney General
-		The offices of the prosecutors at the Court of Appeal
-		The offices of the prosecutors in the courts of first instance

Italy 2 :

According to Article 24 of the Convention, Italy declares that the following authorities are to be considered as Italian judicial authorities, in addition to those already mentioned in previous declarations:

-		" Juges de paix".

The following authorities are no longer to be considered as Italian judicial authorities:

-		The investigating judges
-		The appellate judges
-		The presidents.

Slovakia 3 :

Slovakia declares that:

-		Requests under Article 11 of the Convention to be addressed to the Ministry of Justice of the Slovak Republic.
-		Requests pursuant to Article 13 (1) and information pursuant to Article 21 (1) of the Convention shall be addressed to the Office of the Prosecutor General of the Slovak Republic.

This declaration replaces the previous declaration of the Slovak Republic in a letter from the Permanent Representative of Slovakia of 3 May 2000.

Gusenbauer