By Which It Approves The "treaty Between The Republic Of Colombia And The Russian Federation On Mutual Legal Assistance In Criminal Matters", Signed In Moscow, Russia, On April 6, 2010

Original Language Title: Por medio de la cual se aprueba el "Tratado entre la República de Colombia y Federación de Rusia sobre Asistencia Legal Recíproca en Materia Penal", suscrito en Moscú, Rusia, el 6 de abril de 2010

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ACT OF 2012
1596 (December 21)
Official Gazette No. 48651 of December 21, 2012 CONGRESS OF THE REPUBLIC

Through which approved the "Treaty between the Republic of Colombia and Russian Federation on Mutual Legal Assistance in Criminal Matters ", signed in Moscow, Russia, on April 6, 2010. Summary

Term Notes Effective Jurisprudence


The Congress
having regard to the text of the "Agreement between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010, which the letter says:
(to be transliterated: photocopy of the full text of such agreement, certified by the Coordinator of the Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs document is attached resting on the archives of the Ministry).
TREATY BETWEEN THE REPUBLIC OF COLOMBIA AND RUSSIAN FEDERATION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
The Republic of Colombia and the Russian Federation, hereinafter referred to as "Parties";
CONSIDERING the ties of friendship and consideration that bind the parties;
ANXIOUS to strengthen the legal basis for mutual legal assistance in criminal matters;
ACTING in accordance with their domestic laws and respect for the universal principles of international law, particularly sovereign equality and non-interference in internal affairs;
Have agreed as follows:
ITEM 1. LEGAL OBLIGATION TO PROVIDE ASSISTANCE.
1. The Parties shall, in accordance with this Treaty, granted mutual legal assistance in criminal matters (hereinafter legal assistance).
2. The legal assistance will be provided under this treaty, if the offense that is the subject of the request is punishable under criminal law in accordance with the laws of both Parties. The Requested Party, consideration may provide legal assistance and the fact by which filed does not constitute an offense under its domestic law. Effective Jurisprudence


3. This Treaty shall aim exclusively legal assistance between the Parties. The provisions of this Treaty shall not generate any rights in favor of third parties in obtaining or exclusion of evidence or prevent compliance with a request for legal assistance.
4. This Treaty shall not allow the competent authorities of one of the parties to exercise in the territory of the other Party, powers that are exclusively within the jurisdiction of the authorities of the other Party.
5. This Treaty shall apply to any request for legal assistance submitted after the entry into force, even if the relevant acts or omissions occurred before that date.
ARTICLE 2. SCOPE OF LEGAL ASSISTANCE.
The legal assistance shall include:
1 Delivery of documents;
2 Obtaining of evidence;
3 Location and identification of persons and objects;
4 Convocation of witnesses, victims and experts to appear voluntarily before a competent authority in the Requesting Party;
5 Temporary transfer of persons detained in order to appear in criminal proceedings as witnesses or victims in the territory of the requesting Party or for other procedural actions indicated in the application;
6 Implementation of measures on goods;
7 Supply of documents, objects and other tests;
8 Authorisation of the presence of representatives of the competent authorities of the requesting Party during the execution of an application;
9 Implementation of criminal proceedings;
10 Any other form of legal assistance in accordance with the purposes of this Treaty, provided it is not inconsistent with the law of the Requested Party.
ARTICLE 3 CENTRAL AUTHORITIES.
1. To ensure proper cooperation between the Parties in providing legal assistance subject to this Agreement shall be referred to the Central Authorities of the Parties. They
On behalf of the Republic of Colombia, Central Authorities are:
The Ministry of Interior and Justice of the Republic of Colombia, for questions regarding the activity of judges of the Republic of Colombia; and the Attorney General's Office to all other matters of legal assistance.
The Parties shall notify each other without delay through diplomatic channels, of any modification of their Central Authorities and areas of competence.
2. Authorities of the Parties directly transmit and receive requests for legal assistance under this Treaty and the responses to them a.

3. The Central Authority of the Requested Party directly fulfill requests for legal assistance or transmitted for execution to the competent authority. They
On behalf of the Russian Federation, are Central Authorities:
The Ministry of Justice of the Russian Federation, for questions regarding the activity of the courts of the Russian Federation; and the Attorney General of the Russian Federation for all other matters of legal assistance.
When the central authority transmits the request to a competent authority for execution, ensure the speedy and proper execution of the request from that authority.
ARTICLE 4 FORM AND CONTENT OF THE APPLICATION.
1. The request for legal assistance shall be made in writing.
2. The Requested Party may to process an application received by fax, fax, e-mail or other similar means of communication. The Requesting Party shall transmit the original of the document as soon as possible.
The requested Party shall inform the Requesting Party of the results of the execution of the request only under the condition of receiving the original of it.
3. The application shall contain:
1) Name of the competent authority requesting legal assistance;
2) Subject of the request and description of the requested legal assistance;
3) Description of the facts of criminal investigation or proceedings, their legal qualification, the text of laws that criminalize behavior as a punishable act and, where necessary, the amount of damage;
4) Fundamentals and description of any particular procedure that the Requesting Party wishes to be practiced by executing the application;
5) Identification of persons subject to investigation or prosecution;
6) Term within which the requesting Party would like the request to be met;
7) Information on the full name, address and if possible the telephone number of persons to be notified and their connection with the investigation or judicial proceeding;
8) Indication and description of the place to inspect or seize and to secure objects;
9) The text of the questions to be formulated for the taking of the testimony in the Requested Party;
10) If requested assistance from representatives of the competent authorities of the requesting Party for the execution of the request, indicating the full name, position and reason for their presence;
11) Any request to observe the confidentiality of the fact of receipt of the request for legal assistance, its contents and / or any action taken under it;
12) Any other information that may be useful to the Requested Party to comply with the request;
4. If the Requested Party considers that the information contained in the application is not sufficient to process the same, may request additional information.
ARTICLE 5. LANGUAGES.
Any request for legal assistance, accompanying documents and additional information, based on this Treaty shall be accompanied by the respective translation into the language of the Requested Party or English language, by agreement between the Central Authorities of the Parties.
ARTICLE 6. REFUSAL OR POSTPONEMENT OF LEGAL ASSISTANCE.
1. Legal assistance may be denied:
1) compliance with the request might prejudice the sovereignty, security, public order or other essential interests of the requested Party.
2) compliance with the request would be contrary to the law of the Requested Party or not in accordance with the provisions of this Treaty.
3) The application concerns actions by which the person filed in the Requesting Party has been convicted or acquitted for the same facts in the Requested Party or action prescribed.
4) The application relates to military offenses that are not covered by the ordinary criminal law.
5) there are clear grounds for the Requested Party to believe that the request has been made with a view to prosecute a person on grounds of race, sex, religion, nationality, ethnicity, membership of a particular social group or political opinion or that the situation of this person may be prejudiced for any of those reasons.
2. The banking or tax secrecy can not be used as a basis for denying legal assistance.
3. The Requested Party may defer or refuse the execution of the request when it considers that its execution might prejudice or hinder an investigation or legal proceedings in its territory.

4. Before deferring or refusing to execute a request for assistance, the Requested Party shall analyze the possibility that legal aid is granted under conditions it deems necessary. If the Requesting Party accepts assistance under these conditions, that is obliged to comply.
5. If the requested Party decides to refuse or defer legal assistance, it shall inform the requesting Party through its Central Authority, stating the reasons for the decision.
ARTICLE 7. VALIDITY OF DOCUMENTS.
1. Documents transmitted under this Treaty, and certificates stamped by the competent authorities or the sender Central Party will be accepted without legalization or other form of authentication.
At the request of the Requesting Party, the documents submitted under this Treaty may be authenticated differently as stated in the application, if this does not contradict the law of the Requested Party.
2. For the purposes of this Treaty, documents that are recognized as official in the territory of one Party they are recognized as such in the territory of the other Party.
ARTICLE 8 CONFIDENTIALITY AND LIMITATIONS ON THE USE OF INFORMATION.
1. At the request of the Central Authority of the Requesting Party, the Requested Party in accordance with its legal system, ensure the confidentiality of the fact of receipt of the request for legal assistance, its contents and any action taken under it, unless its disclosure is necessary to run the application.
If necessary for the execution of the request the lifting of the reserve, by written communication, ask the Requested Party to the Requesting Party approval. Without such authorization, the application will not run.
2. The Requesting Party shall not use any information or evidence obtained under this Treaty for purposes other than those stated in the request for legal assistance without prior authorization of the Requested Party.
3. In particular cases, if the requesting Party needs to disclose and use all or part of the information or evidence for purposes other than those specified request corresponding to the Requested Party authorization, you can access or deny, in whole or in part, as requested .
ITEM 9. EXECUTION OF LEGAL ASSISTANCE APPLICATIONS.
1. Fulfilling requests are made under the law of the Requested Party and in accordance with the provisions of this Treaty.
At the request of the Requesting Party, the Requested Party shall provide legal assistance in accordance with the special forms and procedures indicated in the request, provided they are not contrary to the basic principles of the law of the Requested Party.
2. If the requesting party has requested the presence of representatives of the competent authorities in the execution of the request, the requested Party will inform its decision. If it is positive, you will be informed in advance of the Requesting Party the date and place of execution of the application.
3. The Central Authority of the Requested Party shall forward promptly to the Central Authority of the requesting Party with the information and evidence obtained as a result of the execution of the request.
4. Where it is not possible to comply with the request, in whole or in part, the Central Authority of the Requested Party shall immediately inform the Central Authority of the Requesting Party and inform the reasons that prevent compliance.
ARTICLE 10. DELIVERY OF DOCUMENTS.
1. As to the request for legal assistance, the Central Authority of the Requested Party shall, without delay, to perform or arrange the delivery of documents.
2. The execution of the request will be accredited by a delivery document, dated and signed by the recipient or by a statement by the competent authority of the Requested Party stating the fact, date and form of delivery. Delivery of the documents will be reported immediately to the Requesting Party.
ARTICLE 11. EVIDENCE IN PART TERRITORY REQUIRED.
1. The requested Party according to its legislation, receive on its territory testimonies of witnesses and victims, expert reports, documents, objects and other evidence contained in the request, and transmit them to the Requesting Party.
2. A special request of the Requesting Party, the Requested Party shall announce the date and place of execution of the request. The representatives of the competent authorities of the requesting Party, may make presence during the execution of the request if it has the approval of the requested Party.

3. To the representatives of the competent authorities of the requesting Party present at the execution of the request will be allowed to ask questions that may be posed to the person, through the representative of the Competent Authority of the Requested Party.
4 Requesting Party shall observe any conditions agreed with the Requested Party on documents and objects that give you, including the protection of rights of third parties such documents and objects.
5. At the request of the Requested Party, the Requesting Party shall return as soon as possible to the original documents and objects that have been delivered in accordance with paragraph 1 of this Article. The delivery and return of the objects within the framework of legal assistance in criminal matters, will be free of customs duties and taxes.
ARTICLE 12. LOCATION AND IDENTIFICATION OF PERSONS AND OBJECTS.
The competent authorities of the Requested Party shall take all measures under its legislation to the location and identification of persons and objects specified in the application.
ARTICLE 13 APPEARANCE OF WITNESSES, VICTIMS AND EXPERTS IN THE REQUESTING PART TWRRITORIO.
1. When the Requesting Party requests the appearance of a person to give testimony, expert or other procedural actions in its territory, the Requested Party shall inform the person on the invitation of the Requesting Party to appear before its competent authorities. Effective Jurisprudence


2. The request for appearance of the person shall contain information on the conditions and the payment of expenses related to the appearance of that person, and the relationship of the guarantees that it will enjoy under Article 14 of this Treaty.
3. The request for appearance of the person shall not contain threat that will implement security measures or sanctions if it does not appear in the territory of the requesting Party.
4. Such person voluntarily express their decision to appear. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of the response of that. The person who has given his agreement to be presented may be directed to the Requesting Party requesting that it submit an advance to cover expenses. This advance can be delivered through the embassy or consulate of the Requesting Party.
ARTICLE 14. GUARANTEES TO THE PERSON CITED.
1. No person, whatever their nationality, who as a result of a subpoena to appear before the competent authorities of the Requesting Party, may be prosecuted, detained or restricted in his personal liberty in the territory of that Party for acts or previous convictions his entry into the territory of the requesting Party. If for some reason can not provide this guarantee, the Central Authority of the requesting Party shall state in the request in order to inform such person and allow him to take the decision on his appearance given these circumstances.
2. The warranty set out in paragraph 1 of this Article shall cease when the person summoned having had the opportunity to leave the territory of the Requesting Party for an uninterrupted period of fifteen (15) days from the day when it delivered the written notification that his presence is no longer required by the competent authorities, however, it remains in that territory or return to it after leaving it.
3. Such person can not be compelled to testify in a different process specified in the request.
PROVISIONAL ARTICLE 15. TRANSFER OF DETAINEES (INCLUDING THAT IS FULFILLING THE SENTENCE IN THE FORM OF FREEDOM DEPRIVATION).
1. Anyone arrested (including who is serving the sentence in the form of deprivation of liberty), regardless of nationality, may be temporarily transferred, with the consent of the Central Authority of the Requested Party to the Requesting Party to give evidence as a witness or victim or other procedural actions indicated in the request on the condition return the person to the requested Party within the period specified by it.
The initial deadline for the transfer of the person shall not exceed ninety (90) days. The length of stay of the person transferred may be extended by the Central Authority of the Requested Party through a reasoned request by the Central Authority of the Requesting Party.
The form and conditions of transfer and the return of the person shall be agreed between the Central Authorities of the Parties. Effective Jurisprudence


2. the transfer is registered:

1) If the arrested person (including who is serving the sentence in the form of deprivation of freedom) does not consent in writing.
2) If your presence is needed in a judicial proceeding in the territory of the Requested Party.
3) The Requesting Party the person transferred custody to remain in force while the measure of detention ordered by the competent authority of the requested Party. Should be released by decision of the Requested Party, the Requesting Party shall apply Articles 13, 14 and 20 of this Treaty.
4) The time spent by the person transferred outside the territory of the Requested Party shall be counted for purposes of total time remain confined (including the period of execution of the sentence of imprisonment).
5) The arrested person (including who is serving the sentence in the form of deprivation of liberty) that does not give its consent to appear in the Requesting Party shall not be subject to any measure or sanction aseguramineto by this fact.
ARTICLE 16. PROTECTION OF PERSONS CITED OR REFERRED TO TERRITORY OF THE REQUESTING PARTY.

When necessary, the requesting Party shall ensure the protection of persons referred or transferred to its territory in accordance with Articles 13 and 15 of this Treaty.
ARTICLE 17. SPECIAL CASES OF LEGAL ASSISTANCE.
The Requested Party shall, to the extent that its authorities may obtain in such cases, extracts from criminal records and / or documents or objects that are required in an investigation and / or legal proceedings, unless those documents and objects containing information that constitutes state secret.
ARTICLE 18. REQUEST FOR EXERCISE OF CRIMINAL ACTION.
1. Each of the Parties may direct the other party request to exercise criminal action with respect to nationals of the Requested Party, as well as stateless persons permanently residing in its territory who have been accused of committing crimes under the jurisdiction of the Requesting Party.
The Requested Party shall transmit the request to its competent authorities to make the decision to institute criminal proceedings in accordance with its laws.
2. If the action for which was opened criminal case arose civil lawsuits by people who suffered damage from crime, these demands compensation claims will be considered in the criminal case.
3. The request to institute criminal proceedings shall contain:
1) Name of the applicant authority;
2) Surname and full names of the person who has been accused of having committed the crime, nationality, place of residence, and if possible, their physical description, photograph, fingerprints or other data that can identify ;
3) The description and the legal characterization of the facts that gave rise to the request for exercise of criminal action;
4) The indication, as accurately as possible, the time and place of the events that gave rise to the request;
5) If necessary, the request for the return of original documents and objects that are material evidence.
4. A request to institute criminal proceedings, shall be attached:
1) The text of the criminal law, and if necessary, other rules of the Requesting Party that are relevant to the exercise of criminal action;
2) The records of the criminal case or certified copies, as well as the evidence;
3) The request for compensation for damage, if any, and if possible, the estimated amount;
4) The request to initiate a criminal action by those who suffered damage from the crime, if necessary in accordance with the law of the Requested Party.
5. In order to guarantee the rights of third parties, at the request of the Requesting Party, the Requested Party shall return the original documents and objects that constitute material evidence.
6. If after sending a request to exercise criminal action in it indicated the person is in the territory of the requesting Party, it should take all possible measures in accordance with their legislation to send to the territory of the Requested Party.
7. The Requested Party shall promptly notify the Requesting Party of the action taken regarding your application, report the results of the criminal proceedings and send a copy of the criminal justice decision.

8. If after receiving the application, it is found that has been handed down a sentence or has entered into force the decision issued by a judicial authority of the requested Party with respect to the person named in the application, the competent authorities of the requesting Party may not executing criminal proceedings in relation to that person for the same facts.
9. Should the Requested Party take the decision not to accept the request or deny acceptance, or taken a decision refusing the exercise of criminal action, or termination, will be returned promptly to the Requesting Party the records and physical evidence submitted to it. ARTICLE 19.
measures on goods.
1. The Parties shall cooperate in the areas of location of the instruments and proceeds of crime and apply appropriate measures regarding them.
Such cooperation will be based on the provisions of this Treaty and the corresponding provisions of the United Nations Convention against Transnational Organized Crime of 15 November 2000, in particular Articles 2, 12, 13 and 14 and will extend not only to offenses under this Convention but any other criminal act, noting point 2 of Article 1 of this Treaty.
2. Entering into force of this Treaty, the Parties shall take steps to reach an agreement on the distribution of goods illegally and seized as a result of cooperation between the Parties obtained, which will be formalized by a protocol to this Treaty. ARTICLE 20 EXPENSES
.
1. The Requested Party shall bear the ordinary costs of executing requests for legal assistance, except for the following which will assume the Requesting Party:
1) Costs relating to transport people to their territory and back, in accordance with Articles 13 and 15 of this Treaty, and stay in this area, as well as other payments that correspond to these people.
2) Expenses and fees of experts.
3) Costs associated with the transport, stay and the presence of representatives of Competent Authorities of the Requesting Party during the execution of the application in accordance with paragraph 2 of Article 9 of this Treaty.
4) Shipping and return of the transferred territory of the Requested Party to the territory of the requesting Party objects.
2. If the application requires large expenses or extraordinary nature, the Central Authorities of the Parties shall consult to determine the conditions under which shall comply with the request, and how the costs will be.
ARTICLE 21 CONSULTATIONS AND SETTLEMENT OF DISPUTES.
1. The Central Authorities of the Parties, on the proposal of one of them, hold consultations on issues of interpretation and application of this Treaty in general or a particular request.
2. Any dispute arising in the interpretation and application of this Treaty shall be settled by diplomatic negotiations.
ARTICLE 22. FINAL PROVISIONS.
1. This Agreement may be amended by mutual consent of the Parties and agreed amendments shall enter into force in accordance with the procedure set out in paragraph 2 of this Article.
2. This Treaty shall enter into force thirty (30) days after the date of receipt of the last notification through diplomatic channels by which the Parties meeting the necessary internal legal requirements for its entry into force communicate.
3. This Treaty shall terminate one hundred eighty (180) days after receiving Party through diplomatic channels written notice of Party of its intention to do so notification.
4. Termination of this Agreement shall not affect the conclusion of requests for legal assistance have been received during its term.
Signed in Moscow, six (6) days of April, two thousand ten (2010), in two copies in Spanish and Russian, both texts being equally authentic.
For the Republic of Colombia

By the Federation of Risia

The Coordinator signed the Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs of the Republic of Colombia CERTIFICA
:
That the reproduction of text above is true and complete copy the Spanish-language version of the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010, a document that is on file Inter Group does not Working Treaty Directorate of International Legal Affairs of the Ministry.

Given in Bogotá, DC, eight (8) days of July two thousand eleven (2011).
The Coordinator of Internal Working Group Treaty, Department of International Legal Affairs, Alejandra Valencia
GARTNER. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 19, 2011
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Vice Minister of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Monica Lanzetta Mutis.
DECREES: Article 1.
. Approval of the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010, that article 1 of this law is approved, it will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable ... Presented to Congress by the Minister of Foreign Affairs and the Minister of Justice and Law.
The Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Justice and Law, Juan Carlos Esguerra Portocarrero
PORTOCARRERO. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 19, 2011
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Vice Minister of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Monica Lanzetta Mutis. DECREES
:
ARTICLE 1o. Approval of the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010, that article 1 of this law is approved, it will force the State from the date on which the international link regarding the same is perfected.
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
Roy Barreras Montealegre.
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SÁNCHEZ.
The General Secretary (E) of the honorable House of Representatives,
FLOR MARINA RAMIREZ DAZA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on December 21, 2012.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Justice and Law, Ruth Stella Correa Palacio
PALACE.


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