Summary pursuant to sections 52 to 55 of the Constitution; Act 2000-532 June 16, 2000. The convention of December mutual assistance in criminal matters, inspired both of the convention European April 20, 1959, that of one signed in January 1994 with the Mexico, created the conditions for a cooperation thorough and regular between the judicial authorities in the two countries, both for the execution of letters rogatory or transmission or obtaining information or evidence concerning criminal common law offences. In fact, it creates an obligation of mutual assistance that substitutes for a bilateral judicial practice based so far on the principle of reciprocity and analysis case by case requests. This agreement resumed, adapting them to the judicial system of the Uruguay, the main provisions usually retained in the material, it is notably: - the commitment of both Parties to grant each other the widest possible judicial assistance, - Faculty for the ministries of Justice, referred to as central authorities communicate directly without going through diplomatic channels - the conditions of entry into force and denunciation of the convention, - the principle according to which requests for assistance are executed in accordance with the internal law of each of the Parties.L' mutual assistance may be refused by the requested party if it considers that the offence which the motive is of a political nature or when the execution of the request is likely to prejudice its sovereignty security, public order or other essential interests. This convention organised between the Parties: - the discount party required by the acts of procedure and judicial decisions emanating from the applicant, - transmission of files or exhibits, - the Commission of acts of instruction, equivalent of the concept of non-existent in the Uruguayan legal system rogatory -, exchange of information on criminal records, the information for the purpose of prosecution and the annual exchange of notice of conviction concerning their nationals. Specific provisions also set: - the conditions for attendance of witnesses, experts and prosecuted persons who are summoned to appear before the courts of the requesting party, - the procedures for seizure and confiscation of the proceeds of offences, provision included the European Convention of 1990 on money laundering. Effective date: 01-06-2003.
Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, URUGUAY, CONVENTION, JUSTICE, mutual judicial, PENAL law, judicial PROCEDURE, DECISION judicial JORF n ° 135, June 13, 2003 page 9956 text no. 3 Decree No. 2003-496 of 5 June 2003 on the publication of the convention on mutual assistance in criminal matters between the Government of the French Republic and the Government of the Eastern Republic of the Uruguay signed at Paris on 5 November 1996 (1) NOR: MAEJ0330042D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/6/5/MAEJ0330042D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2003/6/5/2003-496/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs, having regard to articles 52 to 55 of the Constitution;
Pursuant to law n ° 2000-532 June 16, 2000, authorizing 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 the Uruguay, signed at Paris on 5 November 1996;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the convention on mutual assistance in criminal matters between the Government of the French Republic and the Government of the Republic East of the Uruguay, signed in Paris on November 5, 1996, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Foreign Minister are responsible, each in relation to the implementation 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 of mutual judicial in material criminal between the Government of the Republic French and the Government of the Republic East of the URUGUAY the Government of the French Republic and the Government of the Republic East of the Uruguay, aware of deep historic ties between the two Nations, eager to translate such links in legal instruments for cooperation in all areas of mutual interest , and in particular, that of judicial cooperation, wishing for that purpose control agreed their relations in the field of mutual assistance in criminal matters, according to their respective constitutional principles are agreed upon the following provisions: title Ier General provisions Article 1 1. Both Parties undertake to agree mutually according to the provisions of this Convention, the widest possible legal aid in proceedings for criminal offences whose punishment is at the point where assistance is requested, the jurisdiction of the judicial authorities of the requesting party. Assistance will be granted unless it is required that the facts are considered to be an offence in the requested country.
2. this Convention applies or execution of decisions on the arrest and convictions, except in the case of confiscation, or military offences, which are not offences under ordinary law.
Section 2 requests for mutual legal assistance are communicated directly to central authority to central authority. The French Republic designates as the central authority, the Ministry of justice and the Oriental Republic of the Uruguay designates as the central authority, the Ministry of education and culture. The central authority of the requested State must quickly meet the demands or, where appropriate, transmit them to other competent authorities who will run them. The competent authorities shall take all necessary steps to promptly meet the demands in accordance with article 1.
Section 3(1). The competent authorities are to the France and Uruguay, the judicial authorities.
2. any amendment affecting the designation of such authorities will be brought to the knowledge of the other party by note.
Article 4 1. Mutual legal assistance may be refused: a) if the request relates to offences considered by the requested either party as political offences, or as offences related to political offences;
(b) if the request is to a search, seizure, a receivership and that the facts at the origin of the query do not constitute an offence within the meaning of the legislation of the requested Party;
(c) if the requested Party considers that execution of the request is likely to prejudice the sovereignty, security, public order or other essential interests of his country.
2. mutual assistance shall be refused if the request is to a measure of forfeiture and that the facts at the origin of the query do not constitute an offence under the law of the requested Party.
Title II requests for mutual assistance Article 5(1). The requested Party runs, in the manner prescribed by its legislation, requests for judicial assistance relating to a criminal case that emanate from competent authorities of the requesting party and which have as their object acts on training or to disclose records, documents or exhibits, or to restore to the victim, where appropriate, without prejudice to the right of third parties values from an offence or objects found in the possession of the author thereof.
2. If the applicant wishes to witnesses or experts to file under oath, it is expressly the request and the requested Party gives suite if the law of his country has no objection.
3. the requested Party may transmit only copies or certified photocopies compliant folders or documents. However, if the applicant expressly requests originals communication, it will be given this request as far as possible.
Article 6 If the applicant specifically requests, the requested party informs him of the date and the place of execution of the request for assistance. The authorities and persons authorised by it may attend the execution if the requested Party consents. This presence does not allow the performance of duties within the competence of the authorities of the requested State.
Article 7 1. The exhibits and the original records and documents which have been submitted in execution of a request for mutual legal assistance will be retained by the applicant unless the requested Party has requested the return.
2. the requested Party may postpone the delivery of the parts to conviction, records or documents whose disclosure is sought, if they are required for any criminal proceedings in progress.
Title III delivery of pleadings and decisions, judicial, appearance of witnesses, EXPERTS and PROSECUTED persons Article 8 1. The requested Party proceeded to the presentation of the pleadings and court decisions that are sent for this purpose by the applicant.
This discount may be effected by simple transmission of the Act or decision to the addressee. If the express request of the applicant party, the requested party performs delivery in one forms provided for by its legislation for similar meanings or a special form consistent with this legislation.
2. proof of delivery is done by means of a receipt dated and signed by the recipient or a statement of the requested Party noting the fact, the form and the date of delivery. Any one of these documents is immediately transmitted to the requesting party. On request of the latter, the required part if the rehabilitation was made in accordance with its law. If remission has been achieved, the requested Party in fact immediately find the reasons to the applicant.
3. the summonses are forwarded to the requested Party no later than 40 days before the date set for appearance.
Article 9 the witness or expert that did not answer a summons to appear whose delivery has been requested may not be subjected, even though this summons contains a notice of, to any punishment or measure of constraint, unless he goes later voluntarily in the territory of the requesting party and that it is regularly quoted again.
Article 10 compensation as well as the travel and subsistence expenses to be refunded to the witness or expert by the requesting Party shall be calculated from the place of their residence and are granted to them according to rates at least equal to those provided for in the rates and regulations in force in the country where the hearing is to take place.
Article 11 1. If the applicant considers that the personal appearance of a witness or expert before its judicial authorities especially necessary, it mentions it in the request for surrender of the summons and the requested party invite the witness or expert to appear.
The required part know the answer of the witness or expert to the requesting party.
2. in the case provided for in paragraph 1, the request or the summons must mention the approximate amount of compensation to be paid as well as travel and living expenses to be refunded.
3. If an application is made for this purpose, the requested Party may consent an advance to the witness or expert. This will be mentioned on the citation and paid by the applicant.
Article 12 1. Any detained person whose personal appearance as a witness or for the purposes of confrontation is requested by the applicant is temporarily transferred the territory where the hearing must take place, under condition of his discharge within the time limit indicated by the requested Party and subject to the provisions of article 13, insofar as they may apply.
The transfer may be refused: a) if the detainee does not; consent
(b) if his presence is necessary in a criminal proceedings in progress in the territory of the requested Party;
c) if his transfer is likely to extend his detention, or d) if other compelling considerations oppose his transfer in the territory of the requesting party.
2. a party may allow the transit through its territory of persons detained by a third State whose personal appearance for the purpose of hearing has been requested by the other party.
This permission is granted on application accompanied by all relevant documents.
3. the transferred person shall remain in detention on the territory of the requesting party and, where appropriate, on the territory of the party to which transit is requested, unless the requested Party requests his release during the temporary surrender.
4. each party may refuse to grant transit of its nationals.
Article 13 1. No witness or expert, of any nationality make it, which, as a result of a quote, appears before the judicial authorities of the requesting party, shall be prosecuted, detained or subjected to any other restriction of his personal liberty in the territory of that party for acts or convictions prior to his departure from the territory of the requested Party.
2. no person, regardless of nationality, cited before the judicial authorities of the requesting party in order to respond to facts for which she is the subject of proceedings, can be neither continued, neither owned, nor subjected to any other restriction of personal liberty for acts or convictions prior to his departure from the territory of the requested Party and not covered by the citation.
3. the immunity provided for in this section ceases when the witness, expert or prosecuted person, having had the opportunity to leave the territory of the requesting party for fifteen consecutive days, after his presence was no longer required by the judicial authorities, has nevertheless remained in the territory or has returned after having left.
Title IV products of offences section 14 (1). The requesting party may ask to search and seize the proceeds of crime to its legislation likely to be found on the territory of the requested Party.
2. the requested Party shall inform the requesting Party of the results of his research.
3. the requested Party shall take all provisions necessary permitted by its law to prevent these products, are the subject of a transaction or are transferred or disposed before the competent authority of the requesting party has taken a final decision in their regard.
4 if confiscation of the products is sought, the request is executed in accordance with the legislation of the requested Party.
5. the products remain the property of the party required unless otherwise agreed.
Title V criminal Article 15 1. The requested Party communicates, to the extent where its competent authorities might themselves get them in such a case, the records judicial and information relating to the latter it requested by the competent authorities of the requesting party for the purposes of a criminal case.
2. in other cases that those provided for in paragraph 1, are predicated upon such application in the conditions laid down by law, regulation or practice of the requested Party.
Title VI PROCEDURE Article 16 1. Requests for assistance shall contain the following particulars: a) authority the application;
(b)) the object and the grounds for the request;
(c) in the extent possible, the identity and the nationality of the person concerned;
d) the name and address of the consignee if applicable;
(e) the date of the application.
2. Requests for mutual assistance provided for in articles 5 and 6 also mention the qualification of the facts and contain an account of them.
Article 17 1. Requests for mutual assistance provided for in articles 5 and 6, as well as applications provided for in articles 12, 14 and 15 are addressed by the central authority of the requesting party to the central authority of the part required and returned by the same route.
2. in the event of emergency, the central authority of the requesting State can address the requests for mutual assistance provided for in articles 5 and 6 by fax or by any other means leaving a written record to the central authority of the requested State. They are returned together with documents relating to the implementation in accordance with paragraph 1.
Article 18 the request mutual assistance and appended documents are accompanied by a translation in the language of the requested State made according to the rules of the requesting State.
Article 19 the parts and documents transmitted in application of this Convention shall be exempt from all legalisation formalities.
Article 20 if the authority of a request for mutual assistance is incompetent to proceed, it transmits ex officio this request to the competent authority of his country.
Article 21 any refusal of mutual legal assistance is motivated and notified to the requesting party.
Article 22 subject to the provisions of article 10, the execution of requests for assistance does not give rise to reimbursement of any costs, except those incurred by the participation of experts in the territory of the requested Party and the transfer of detained persons carried out pursuant to article 22.
Title VII denunciation for the purpose of prosecution section 23 (1). A party may withdraw from the other party of the facts that may constitute a criminal offence falling within the jurisdiction of the latter so that it can expedite its territory of prosecutions. The information is presented through the central authorities.
2. the requested party promotes the follow-up to this denunciation and transmit, as applicable, copy of the decision.
3. the provisions of article 18 shall apply to the denunciations provided for in paragraph 1.
Title VIII exchange of notice of conviction Article 24 each party inform the other party of penal sentences and post-judgement measures which concern citizens of this part and were the subject of an inscription to the criminal. The central authorities shall communicate these notices at least once a year.
Title IX final provisions Article 25 1. Each of the two Parties shall notify to the other the fulfilment of the required constitutional procedures as regards the entry into force of this Convention, which will take place the first day of the second month following the day of receipt of the last notification.
2. one or the other of the two Parties may at any time denounce this Convention by written notification addressed to the other State through the diplomatic channel; in this case, the denunciation shall take effect on the first day of the third month following the day of receipt of the notification.
In witness whereof, the representatives of the two Governments, duly authorized, have signed this Convention.
Done at Paris, on November 5, 1996, in duplicate, in French and Spanish languages, both texts being equally authentic.
For the Government of the French Republic: Hervé de Charette, Minister for Foreign Affairs for the Government of the Eastern Republic of the Uruguay: Carlos Pérez del Castillo Vice-Minister of external relations done at Paris, on 5 June 2003.
Jacques Chirac by the President of the Republic: Prime Minister, Jean-Pierre Raffarin, Foreign Minister Dominique de Villepin