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Decree No 2006-589 Of 23 May 2006 Publishing The Convention On Mutual Assistance In Criminal Matters Between The Government Of The French Republic And The Government Of The Republic Of India Signed At New Delhi January 25 1 .. .

Original Language Title: Décret n° 2006-589 du 23 mai 2006 portant publication de la Convention d'entraide judiciaire en matière pénale entre le Gouvernement de la République française et le Gouvernement de la République de l'Inde, signée à New Delhi le 25 janvier 1...

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BUSINESS FOREIGN, INTERNATIONAL AGREEMENT, BILATERAL AGREEMENT, FRANCE, INDE, CONVENTION , APPROVAL, MUTUAL LEGAL ASSISTANCE, PENALITE, CENTRAL AUTHORITY, RESTRICTION, APPLICATION, EXECUTION, LIMITED USE, INFORMATION, PRESENCE, PERSON , TEMOIGNAGE, FOLDER, DOCUMENT, GET, SURRENDER, CHECKIN , PROPERTY, OFFICIAL DOCUMENT, TRANSFER, PERSON DETENUE, EXCEPT-CONDUIT, SEARCH , SEIZURE, INFORMATION EXCHANGE, CRIMINAL RECORD, RIDER, EXCHANGE OF LETTERS



JORF #121 of May 25, 2006 Page 7737
Text No. 9



Order No. 2006-589 dated May 23, 2006 Publication of the Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Republic of India, signed in New Delhi on 25 January 1998, as well as an amendment in the form of an exchange of Letters, signed on November 20, 2002 and January 14, 2003 (1)

NOR: MAEJ0630049D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/5/23/MAEJ0630049D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2006/5/23/2006-589/jo/texte


President of the Republic,
On the report The Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2005-106 of 11 February 2005 authorising the approval of the Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Republic of India (jointly an amendment in the form of an exchange of letters);
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of commitments International agreements signed by France,
Describes:

Article 1


The Convention on Mutual Assistance in Criminal Matters Between the Government of the French Republic and the Government of the Republic of India, signed in New Delhi on 25 January 1998, and an amendment in the form of an exchange of letters, signed on 20 November 2002 and 14 January 2003, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible, Each as regards the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


C O N V E N T I O N


D' ENTRAIDE JUDICIAL IN CRIMINAL MATTERS BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF THE REPUBLIC OF THE INDIA AND A FORWARD UNDER LETTERS
EXCHANGE Government of the French Republic and the Government of the Republic of India,
hereinafter referred to as the Parties,
Desiring to improve the effectiveness of the two Parties in the enforcement of the law on investigations, prosecutions Judicial and crime prevention, and confiscation of proceeds and criminal action items,
have agreed to the following provisions:


Article 1
Scope


1. (a) The Parties shall afford each other, in accordance with the provisions of this Convention, the widest possible judicial assistance in relation to the investigation and prosecution of criminal offences under the jurisdiction of the requesting Party And in the procedures relating to the date of the request for mutual assistance.
(b) Criminal offences also include offences under the legislation relating to taxes, customs duties, exchange controls or other offences Tax.
2. Assistance may take the following forms:
a) Identify and locate people;
b) Provide documents;
c) Obtain evidence, including objects or documents;
d) Execute search requests And seizure;
e) Facilitate the personal appearance of witnesses and experts;
f) Proceed with the temporary transfer of detained persons to testify in court or in an investigation;
g) Obtain Official documents or criminal records;
h) Find out about the products and instruments of criminal activity, stop them, seize and confiscate them;
i) Provide information, documents and records;
(j) Provide objects, including exhibits; and
k) Provide any other form of assistance that is consistent with the objectives of this Convention and is not inconsistent with the legislation of the requested Party.
3. This Convention shall not apply to the execution of arrest decisions and convictions, except in the case of confiscation, nor to military offences which do not constitute offences under ordinary criminal
. 4. Subject to the provisions of Article 17-3, assistance shall be granted that the act being investigated or prosecuted in the territory of the requesting Party constitutes an offence in the territory of the requested Party.


Article 2
Central Authorities


1. Requests for assistance under this Convention shall be addressed through the Central Authorities of Contracting Parties.
2. The Central Authority for the French Republic is the Ministry of Justice. The Central Authority for the Republic of India is the Ministry of Internal
. Applications submitted in accordance with this Convention shall be addressed by the Central Authority of the requesting Party to the Central Authority of the requested Party, directly or through diplomatic channels, as well as the replies to such requests. Applications are submitted in writing. In case of emergency, the Central Authority may forward requests by fax or via Interpol, before sending the original request in writing.
4. The Central Authority of the requested Party shall promptly execute the requests or, as the case may be, transmit them to its competent authorities for execution.


Article 3
Mutual assistance of another nature


The assistance granted by the Parties under this Convention shall not prejudice the assistance granted in accordance with other treaties, conventions, arrangements or practices.


Article 4
Restrictions on Support


1. The requested Party shall refuse mutual assistance:
(a) If the request for assistance is such as to affect its sovereignty, security, public order or other essential interests;
(b) If the requesting Party is unable to fulfil any of the Conditions relating to confidentiality or restrictions on the use of the parts provided;
(c) If the request for assistance relates to the prosecution of a person because of an offence for which the person has been convicted, Completed or amnestied in the requested Party.
2. The requested Party may refuse assistance:
(a) If the request for assistance relates to an offence of a political nature, unless there is a serious breach of life, physical integrity or Freedom of persons;
(b) If the execution of the application is likely to interfere with an investigation or prosecution in the territory of the requested Party.
3. Before refusing or postponing assistance in accordance with this Article, the requested Party shall, through its Central Authority:
(a) promptly inform the requesting Party of the existing grounds for considering the refusal or adjournment; And
b) Consult with the requesting Party to determine whether assistance may be granted in accordance with the terms and conditions deemed necessary by the requested Party.
4. If the requesting Party accepts mutual assistance under the terms and conditions set out in paragraph 3 (b), it must comply with it.


Article 5
Applications and Supporting Documents


1. Applications include:
(a) The name of the requesting authority;
(b) A description of the nature of the investigation or prosecution, including a summary of relevant laws and facts;
(c) A description of the object and The nature of the requested assistance;
d) Any confidentiality requirements;
e) Details of any specific procedures that the requesting Party wishes to follow; and
f) The time frames in which the request must be accessed.
2. If Requests also include:
a) Any information available on the identity and location of the person or property, subject to the application;
b) The relationship between the person or the property involved and the investigation or prosecution, Objects of the application;
c) A description as precise as possible of the place to be searched and the documents or objects to be seized; and
d) A list of the questions to be answered.


Article 6
Execution of requests


1. Applications shall be executed in accordance with the law of the requested Party, within the limits in which it is not prohibited, and, to the extent possible, in accordance with the guidelines laid down in the
. Promptly the requesting Party of any circumstances capable of significantly delaying the execution of the
. The requested Party shall promptly inform the requesting Party of any decision not to execute a request for mutual assistance, in whole or in part, and the reasons for that decision.


Article 7
Limited use of Information


1. The requested Party may, after consultation with the requesting Party, request that the information or evidence provided remains confidential or be disclosed or used only in accordance with the terms and conditions specified by it.
2. The applicant shall not disclose or use any information or evidence provided for purposes other than those specified in the application without the prior agreement of the Central Authority of the requested Party.
3. The requested Party shall preserve the confidentiality of the request, supporting documents and measures taken in accordance with the request, as requested, except as required for the execution of the request.


Article 8
Presence of persons


If requested by the requesting Party, the requested Party shall transmit the date and place of the execution of the request. The competent authorities and persons designated by the requesting Party may be present at the time of the execution of the application if the requested Party consents.


Article 9
Obtaining testimony, records or Documents


1. If the request is made for evidence to be collected, the requested Party shall ensure that the testimony is collected in accordance with its legislation.
2. For the purposes of this Convention, testimony includes the production of documents, records Or other parts.
3. For the purposes of the applications under this Article, the requesting Party shall specify the questions to be asked of the witness or person providing evidence, and the points on which they are to be interrogated.
4. If necessary, the competent authority of the requested Party may, either on its own initiative or at the request of one of the persons referred to in Article 8, ask the witness or person who provides evidence of questions other than those Are specified in paragraph 3 of this
. A person who is called upon to provide evidence as a witness in the territory of the Party required by a request for assistance may refuse to testify if the legislation of the requested Party permits him to do so in Similar circumstances in the course of proceedings in the territory of the requested Party. If the witness asserts his right to refuse to testify under the legislation of the requesting Party, the evidence shall be collected and the right invoked shall be recorded and transmitted to the Central Authority of the requesting Party so that the Authorities of the latter Party shall act in this regard.


Article 10
Delivery of documents


1. The requested Party shall carry out the pleadings, judicial decisions and other files and documents sent to it by the requesting Party for that purpose.
2. The requesting Party shall forward a request for the surrender of a Document relating to an answer in the territory of the requesting Party within a reasonable time before the date fixed for the reply.
3. The requesting Party shall transmit to the requested Party a request for the furnishing of a document concerning the appearance of witnesses or experts in the territory of the requesting Party at least forty days before the date fixed for appearance.
4. Remission may be effected by the requested Party by simply transmitting the document to the addressee. If the requesting Party expressly requests it, the requested Party shall make the furnishing in the form provided for in its legislation for the analogous meanings or in a special form compatible with its
. The requested Party shall, to the extent permitted by its legislation, return proof of delivery in the form requested by the requesting
. Any person who fails to comply with an act of procedure to which he or she is served shall not be liable to any penalty or compulsion under the legislation of the requesting Party.


Article 11
Checking in documents or assets


1. The evidence obtained and the originals of the files and documents submitted pursuant to an application shall be retained by the requested Party, unless requested by the requesting Party; and
2. The requesting Party may request the Party required, pursuant to a decision of a competent judicial authority of the requesting Party, restitution to the victim of a criminal offence of any property or money derived from that infringement, without prejudice to the rights of third parties.


Article 12
Public documents and official documents


1. Subject to its legislation, the requested Party shall provide copies of documents accessible to the public.
2. The requested Party may provide copies of any document, file or information that is in the possession of a service or Government agency, but not accessible to the public, to the extent and under the conditions in which this document, file or information would be available to its own competent authorities.


Article 13
Legalization and Authentication


1. Subject to the provisions of paragraph 2 of this Article, evidence, documents, records or other documents to be transmitted in accordance with this Convention shall be legalized or authenticated only if the Central Authority of the Party
documents are only legalized or authenticated by consular or diplomatic agents if specifically required by the law of the requesting Party.


Article 14
Transfer of Detained Persons


1. A person detained by the requested Party, called to testify before a court or in the course of an investigation under this Convention, shall be transferred from the requested Party to the requesting Party, provided that the requested Party and Consent and the requesting Party shall guarantee the continued detention of that person and his subsequent reference to the requested Party.
2. If the term of imprisonment of a person transferred in accordance with this Article Expires when that person is held by the requesting Party, the requested Party shall notify the requesting Party that the person is released.
3. After his release and if his presence in the territory of the requesting Party is still necessary in the context of the objectives of the initial transfer, that person, provided that he consents thereto, shall be treated as the persons Transferred under section 15.


Article 15
Transfer of other persons


1. If the requesting Party considers that the personal appearance of a witness or expert for the purpose of testimony or assistance is necessary, the requesting Party shall inform the requested Party. The applicant shall notify the witness or expert of the request and the response of the witness or expert to the requesting Party.
2. If an application is made in accordance with paragraph 1 of this article, the requesting Party shall Indicates the approximate amount of compensation to be paid to the witness or expert, including travel and accommodation expenses.


Section 16
Except-driven


1. A person who consents to the transfer in accordance with Articles 14 or 15 may not be prosecuted, detained or subjected to any restriction of his or her individual liberty in the territory of the requesting Party on the basis of a criminal offence, or Be prosecuted in a civil case where it could not be prosecuted if it was not in the territory of the requesting Party, for actions or omissions prior to its departure from the territory of the requested Party.
2. Person who consents to the transfer in accordance with sections 14 or 15 cannot be prosecuted on the basis of his or her testimony, except in the case of false testimony.
3. A person who consents to the transfer in accordance with section 14 or 15 shall not be required to give evidence in any other proceeding other than the procedure to which the application
. A person who does not consent to the transfer in accordance with sections 14 or 15 is not, therefore, liable to any penalty or restraint on the part of the courts of the requesting Party or the requested Party.
5. The person who goes to a quotation from the requesting Party in order to respond to the facts for which he is the subject of prosecution, may not be prosecuted, detained or subjected to any restriction of his or her individual freedom in the territory Of the requesting Party for actions or omissions prior to its departure from the territory of the requested Party and not subject to the citation.
6. Paragraphs 1 and 5 shall not apply if the person, being free to leave, has not left the territory of the Requesting Party within 30 days after being informed that his or her presence was no longer required, or if, after leaving The territory of the requesting Party is returned.


Article 17
Search and seizure


1. The requested Party shall, to the extent permitted by its law, execute requests for search, seizure and surrender to the requesting Party of any relevant documents in connection with a criminal proceeding or investigation.
2. Provides the information requested by the requesting Party on the results of the searches, places of seizure, the circumstances of the seizure and the subsequent custody of the seized objects.
3. The requesting Party shall comply with any requirements imposed by the requested Party in respect of the seized objects provided to the requesting Party.


Article 18
Proceeds of Offences


1. The requested Party shall endeavour, upon request, to establish whether the proceeds of an infringement of the legislation of the requesting Party are in its jurisdiction and shall inform the requesting Party of the results of its research. In its application, the requesting Party shall communicate to the requested Party the grounds on which it is satisfied that such products may be within its jurisdiction.
2. If, in accordance with paragraph 1, the products presumed to have come from a Infringement shall be found, the requested Party shall take the necessary measures authorised by its legislation to prevent the latter from being the subject of transactions, transferred or transferred before a court of the requesting Party took a Final decision on them.
3. A request for mutual assistance to ensure the confiscation of proceeds of an offence shall be executed if, under similar conditions, the law of the requested Party permits the confiscation of such
. Products confiscated under this Convention shall be retained by the requested Party unless otherwise agreed by the Parties.
5. The proceeds of an offence include the instruments used in connection with the commission of an offence, namely any property, any amount of money, and all movable and immovable property, whether tangible or intangible, including any accrued interest drawn Or realized directly or indirectly or used by a person as a result of one or more offences, or the value of such property.


Article 19
Provision of other information in correlation
with Prosecution


Where an offence has been committed in the territory of one of the Parties and this offence may also be prosecuted by the other Party, the first Party shall inform the other Party if it decides not to Continue the offence. On request, this first Party may disclose information or evidence relating to this offence.


Article 20
Exchange of information in criminal records


Each Contracting Party, subject to its legislation, shall give the other Party notice of all the prison sentences imposed on nationals of that Party. These notices are communicated annually through the Central Authority.


Article 21
Transit


1. A Party may authorize transit through its territory of persons detained by a third State whose personal appearance as a witness has been requested by the other Party. This authorization shall be granted on request together with all relevant documents.
2. The person transferred shall remain in custody in the territory of the requested Party and, where applicable, in the territory of the requested Party of transit, unless The requested Party does not request its release during the temporary transfer.
3. Each Party may refuse to grant transit of its nationals.


Article 22
Language


Applications and supporting documents shall be accompanied by a translation into one of the languages Required Party official.


Article 23
Representation and Charges


1. The requested Party shall cover all current costs related to the execution of the application in its territory, with the exception:
(a) Expert fees;
(b) Translation costs, and
(c) Travel and subsistence allowances Witnesses, experts, transferees and escorting officers.
2. If, in the course of carrying out the application, it appears that extraordinary costs are required to meet the request, the Parties shall Consult to determine the terms and conditions under which the application can continue.


Article 24
Dispute Settlement


Any dispute arising from the interpretation, The implementation or application of this Convention shall be settled by diplomatic means if the Central Authorities fail to reach an agreement.


Article 25
Entry into force and denunciation


1. This Convention shall enter into force on the thirtieth day after the date on which the Parties have notified each other, in writing, the completion of their respective procedures necessary for the entry into force of the
. Each Party may denounce this Convention at any time by notification to the other Party. In such case, the Convention shall cease to be in force upon receipt of such notification. Requests for assistance that have been received prior to denunciation of the Convention will nevertheless be dealt with in accordance with the terms of the Convention as if it were still in force.
In witness whereof, the duly authorized undersigned By their respective Government, signed this Convention.
Done at New Delhi on January 25, 1998, in the English, French and English languages, each text being equally authentic.


For the Government
of the French Republic:
Hubert Vedrine
Minister for Foreign Affairs
For the
of the Republic of India:
Indrajit Gupta
Minister of the Interior



BEFORE AS LETTERS EXCHANGE FORM


Paris, November 20, 2002.


Madame l' Ambassador,
French-Indian consultations were held in Paris on 8, 9 and 10 April 2002, in order to correct the material error that renders the provisions of article 21 of the Convention inapplicable Mutual legal assistance in criminal matters between the Government of the French Republic and the Government of the Republic of India, signed in New Delhi on 25 January 1998.
It has been proposed that an amendment in the form of an exchange of letters between our
new section 21 would read as follows:


" Article 21
Transit


1. A Party may authorize transit through its territory of persons detained by a third State whose personal appearance as a witness has been requested by the other Party. This authorisation shall be granted on request together with all relevant documents.
2. The person transferred shall remain in custody in the territory of the requested Party of transit, unless the requesting Party, seized by the third State, requests Release during the temporary transfer.
3. Each Party may refuse to grant the transit of its results. "
I would be obliged to inform me if the above provisions have been approved by your Government. In this case, this letter, together with your reply, will constitute the amendment annexed to the above-mentioned Convention on Mutual Assistance. This amendment will come into force on the same date as the Convention.
Please accept, Madam Ambassador, the expression of my high regard.


Dominique de Villepin
Minister for Foreign Affairs


Paris, January 14, 2003.


Excellence,
I have the honour to acknowledge receipt of your letter N ° 010520 CM, dated 20 November 2002, concerning the French-Indian consultations held in Paris on 8, 9 and 10 April 2002, in order to To correct the material error of Article 21 of the Convention on Mutual Assistance in Criminal Matters, signed by the Government of the Republic of India and the Government of the French Republic, in New Delhi on 25 January 1998
Proposed that an amendment to the Convention in the form of an exchange of letters between our two Governments be annexed to the aforementioned Convention.
The new Article 21 would therefore read as follows:


" Article 21
Transit


1. A Party may authorize transit through its territory of persons detained by a third State whose personal appearance as a witness has been requested by the other Party. This authorisation shall be granted on request together with all relevant documents.
2. The person transferred shall remain in custody in the territory of the requested Party of transit, unless the requesting Party, seized by the third State, requests Release during the temporary transfer.
3. Each Party may refuse to grant the transit of its results. "
I have the honour to convey to Your Excellency the agreement of my Government on the above provisions. Your letter and this letter, in response to this letter, will constitute an addendum to the above-mentioned Convention on Mutual Assistance in Criminal Matters and which will enter into force on the same date as the Convention
Excellence, the expression of my high regard.


Savitri Kunadi
Ambassador of India


Done at Paris, May 23, 2006.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Dominique de Villepin

The Minister for Foreign Affairs,

Philippe Douste-Blazy


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