Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2000-532 of 16 June 2000 authorising the approval of the Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Eastern Republic of Uruguay, signed in Paris on 5 November 1996;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments undertaken by France,
Decline:
The Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and The Government of the Eastern Republic of Uruguay, signed in Paris on 5 November 1996, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of Business Shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
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 EASTERN REPUBLIC OF URUGUAY
The Government of the French Republic and the Government of the Eastern Republic of Uruguay,
Aware of the deep historical ties between the two nations,
Desiring to translate these links into legal instruments of cooperation in all areas of common interest, including cooperation Judicial,
Desiring to this end by mutual agreement their relations in the field of mutual legal assistance in criminal matters, in accordance with their respective constitutional principles,
have agreed on the following provisions:
TITLE I
GENERAL
Article 1
1. The two Parties undertake to grant each other, in accordance with the provisions of this Convention, the widest possible judicial assistance in any proceedings relating to criminal offences whose sanction is, at the time when mutual assistance is Application, the jurisdiction of the judicial authorities of the requesting Party. Assistance shall be granted without the requirement that the facts be regarded as an offence in the requested country.
2. This Convention shall not apply to the execution of arrest decisions and convictions, except in the case of Confiscation or military offences that do not constitute common law offences.
Article 2
Requests for mutual legal assistance are communicated directly from central authority to Central authority. The French Republic designates as the central authority, the Ministry of Justice and the Eastern Republic of Uruguay appoints as the central authority, the Ministry of Education and Culture. The central authority of the requested State must comply promptly with the requests or, where appropriate, forward them to other competent authorities which will execute them. The competent authorities shall take all necessary measures to comply promptly with requests in accordance with Article 1.
Article 3
1. The competent authorities are, for France and Uruguay, the judicial authorities.
2. Any change affecting the designation of these authorities will be brought to the attention of the other Party by note.
Article 4
1. Mutual legal assistance may be refused:
(a) If the application relates to offences considered by the requested Party either as political offences or as related to political offences;
(b) If the application is searched, Seizure, receivership and the facts at the origin of the request do not constitute an offence within the meaning of the law of the requested Party;
(c) If the requested Party considers that the execution of the application is likely to impair To the sovereignty, security, public order or other essential interests of its Country.
2. Assistance shall be refused if the request is for a measure of confiscation and the facts underlying the request are not an offence under the law of the requested Party.
TITLE II
REQUESTS JUDICIAL RETIREMENT
Article 5
1. The requested Party shall, in the forms provided for in its legislation, execute requests for mutual legal assistance in relation to a criminal case emanating from the competent authorities of the requesting Party and whose purpose is to carry out acts Or to disclose records, documents or exhibits to the victim, or to return to the victim, where appropriate, without prejudice to the rights of third parties, objects or values resulting from an offence found in the possession of the author
the requesting Party wishes the witnesses or experts to file Under oath, it expressly so requests and the requested Party shall act if the law of its country does not oppose it.
3. The requested Party may transmit only certified copies or photocopies of files or documents requested. However, if the requesting Party expressly requests the communication of the originals, it shall be given effect as far as possible.
Article 6
If the requesting Party Request expressly, the requested Party shall inform it of the date and place of execution of the request for assistance. The authorities and persons authorised by the Commission may attend such enforcement if the requested Party consents. This presence does not allow the exercise of functions within the competence of the authorities of the requested State.
Article 7
1. The exhibits and the originals of the records and documents that have been disclosed pursuant to a request for mutual legal assistance will be retained by the requesting Party unless the requested Party has requested the return.
2. Requested Party may suspend the furnishing of the exhibits, files or documents for which the communication is requested, if necessary for a criminal procedure in progress.
TITLE III
REMISSION OF PROCEEDINGS AND JUDICIAL DECISIONS, INCLUDING WITNESSES, POURSUIVIOUS EXPERTS AND PERSONS
Article 8
1. The requested Party shall carry out the pleadings and judicial decisions sent to it by the requesting Party.
This remission may be effected by simple transmission of the act or decision to the addressee. If the requesting Party expressly requests it, the requested Party shall make the furnishing in one of the forms provided for in its legislation for the same or in a special form compatible with that legislation.
2. Shall be furnished by means of a receipt dated and signed by the addressee or a declaration of the requested Party attesting to the fact, form and date of the surrender. Any of these documents shall be immediately transmitted to the requesting Party. At the request of the latter, the requested Party shall specify whether the surrender was made in accordance with its law. If the surrender could not be made, the requested Party shall forthwith communicate the ground to the requesting Party.
3. Subpoenas shall be transmitted to the requested Party no later than forty days before the date fixed for appearance.
Article 9
The witness or expert who has not referred to a citation To appear whose surrender has been requested shall not be submitted, even though that quotation contains injunctions, to no sanction or measure of constraint, unless it is subsequently granted voluntarily in the territory of the Party Applicant and that it is not regularly cited again.
Article 10
The allowances to be paid and the travel and subsistence expenses to be reimbursed to the witness or expert by the requesting Party shall be calculated from the place of residence and shall be granted according to Rates at least equal to those set out in the tariffs and regulations in the country where the hearing is to take place.
Article 11
1. If the requesting Party considers that the personal appearance of a witness or an expert before his judicial authorities is particularly necessary, it shall, in the request for the submission of the citation, refer to that witness and the requested Party shall invite that witness
The requested Party shall provide the response of the witness or expert to the requesting Party.
2. In the case referred to in paragraph 1, the request or quotation shall indicate the approximate amount of compensation to be paid to the applicant. Pay as well as travel and living expenses to be refunded.
3. If a request is made for that purpose, the requested Party may make an advance to the witness or expert. This will be mentioned on the citation and refunded by the requesting Party.
Article 12
1. Any detained person whose personal appearance as a witness or for the purposes of confrontation is requested by the requesting Party shall be temporarily transferred to the territory where the hearing is to take place, subject to dismissal Within the time specified by the requested Party and subject to the provisions of Article 13, to the extent that they may apply.
The transfer may be refused:
(a) If the detained person does not consent to it;
(b) If the person's presence is necessary in a criminal proceeding in the territory of the requested Party;
(c) If his or her transfer is likely to prolong his/her detention, or
d) If Other overriding considerations preclude its transfer to the territory of the requesting Party.
2. A Party may authorize the transit through its territory of persons held by a third State whose personal appearance for the purposes of Hearing was requested by the other Party.
This authority is granted On request with all relevant documents.
3. The transferee must remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party to which the transit is requested, unless the requested Party requests its release during the surrender Temporary.
4. Each party may refuse to grant transit of its nationals.
Article 13
1. No witness or expert, of any nationality, who, following a quotation, appears before the judicial authorities of the requesting Party may not be prosecuted, detained or subjected to any other restriction of his or her liberty On the territory of that Party for facts or convictions prior to its departure from the territory of the requested Party.
2. No person, of any nationality, quoted before the judicial authorities of the Party In order to answer the facts for which it is the subject of prosecution, May not be prosecuted, detained or subjected to any other restriction of individual liberty for facts or convictions prior to departure from the territory of the requested Party and not subject to the citation.
3. The immunity provided for in this Article shall cease when the witness, the expert or the person continued, having had the opportunity to leave the territory of the Requesting Party for 15 consecutive days, after his presence was no longer required by The judicial authorities, however, remained in that territory or returned after leaving it.
TITLE IV
INFRINGEMENTS PRODUCTS
Article 14
1. The requesting Party may request to search for and seize the proceeds of an infringement of its law which may be in the territory of the requested Party.
2. The requested Party shall inform the requesting Party of the result of its Searches.
3. The requested Party shall take all necessary measures authorized by its legislation to prevent such products from being the subject of a transaction or transferred or transferred before the competent authority of the requesting Party has taken A final decision on them.
4. If the confiscation of the goods is requested, the request shall be executed in accordance with the law of the requested
. The products remain the property of the requested Party unless otherwise agreed.
TITLE V
CRIMINAL RECORDS
Article 15
1. The requested Party shall communicate, to the extent that its competent authorities may themselves obtain them in such cases, extracts from the criminal record and any information relating to the latter as requested by the competent authorities Of the requesting Party for the purposes of a criminal case.
2. In cases other than those provided for in paragraph 1, such request shall be given in accordance with the conditions laid down in the legislation, the regulations or the practice of the Party Required.
TITLE VI
PROCEDURE
Article 16
1. Requests for assistance shall contain the following particulars:
(a) The authority from which the request is made;
(b) The purpose and ground of the request;
(c) Wherever possible, the identity and nationality of the person concerned;
(d) The name and address of the addressee if applicable;
e) The date of the request.
2. The requests for mutual legal assistance provided for in Articles 5 and 6 also mention the characterization of the facts and contain a statement of the facts.
Article 17
1. The requests for mutual legal assistance provided for in Articles 5 and 6 and the requests provided for in Articles 12, 14 and 15 shall be addressed by the central authority of the requesting Party to the central authority of the requested Party and referred by the same
the event of an emergency, the central authority of the requesting State may submit to the central authority of the requested State the requests for assistance provided for in Articles 5 and 6 by fax or by any other means leaving a written record. They shall be returned together with the documents relating to the execution by way provided for in paragraph 1.
Article 18
The request for assistance and the supporting documents shall be accompanied by a translation into The language of the requested State in accordance with the rules of the requesting State.
Article 19
The documents and documents transmitted under this Convention shall be exempt from all formalities Legalization.
Article 20
If the requesting authority of a request for assistance is incompetent to act on it, it will automatically forward the request to the competent authority of the country.
Article 21
Any refusal Mutual legal assistance shall be reasoned and notified to the requesting Party.
Article 22
Subject to the provisions of Article 10, the execution of requests for mutual assistance shall not result in the reimbursement of any Costs, with the exception of those caused by the intervention Experts in the territory of the requested Party and in the transfer of persons detained pursuant to Article 22.
TITLE VII
DESNONCIATION FOR THE PURPOSES OF PROSECUTIONS
Article 23
1. A Party may denounce to the other Party facts likely to constitute a criminal offence within the jurisdiction of the Party so that it may conduct criminal proceedings in its territory. The denunciation shall be made through the central authorities.
2. The requested Party shall make known the action given to that denunciation and shall transmit, where appropriate, a copy of the
taken. The provisions of Article 18 shall apply to denunciations provided for in paragraph 1.
TITLE VIII
EXCHANGE OF NOTICE OF CONVICTIONS
Article 24
Each Party shall inform the other Party of the Criminal convictions and subsequent measures relating to nationals of that Party and have been the subject of a criminal record. The central authorities shall notify each other at least once a year.
TITLE IX
FINAL PROVISIONS
Article 25
1. Each Party shall notify the other of the completion of the constitutional procedures required for the entry into force of this Convention, which shall take place on the first day of the second month following the day of the Receiving the last notification.
2. Both Parties may at any time denounce this Convention by means of a written notification addressed to the other State through diplomatic channels; in this case, the denunciation shall take effect on the first day of the third month following the Day of receipt of such notification.
In witness whereof, the representatives of the two Governments, duly authorized, have signed this Convention.
Done at Paris, on 5 November 1996, in duplicate, in French and Spanish, Both texts being equally authentic.
For the Government
de la République française:
Hervé de Charette
Minister for Foreign Affairs
For the Government
of the Eastern
Republic of Uruguay:
Carlos Perez del Castillo
Deputy Minister
of Relations External
Done at Paris, June 5, 2003.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
