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Summary

Application of Art. 52 to 55 of the Constitution. Following the overthrow of General Stroessner in February 1989, France and Paraguay gradually restored political relations. Since the two states are not bound by any bilateral agreement on judicial matters, France has mentioned, in 1991, on the occasion of official visits, the interest which would attach to the signing of such agreements in order to fill the existing legal vacuum. It is in this context that the negotiation of a Convention on Mutual Assistance in Criminal Matters has been initiated. Thus, from 1992 to 1995, projects and proposals were exchanged before the parties met in Paris at the end of 1996 to finalize the text of the Convention. It was signed on the occasion of the visit you made to Assumption on 16 March 1997. The general economy of this instrument, organised in 25 articles, reflects the provisions drawn mainly from the Convention on Mutual Assistance in Criminal Matters of the Council of Europe of 20 April 1959, the agreement concluded with Mexico in 1994 and The 1996 French-Uruguayan Convention. The Franco-Paraguayan convention adopts, by adapting them to Paraguay's judicial system, the main provisions usually adopted in this type of agreement, excluding from its scope the enforcement of arrest decisions and Convictions and military offences. The two parties undertake to grant each other the widest possible judicial assistance, in accordance with the principle of dual criminality, in proceedings for infringements of the applicant's jurisdiction. Assistance may be refused, by reasoned opinion, for offences considered to be political or related offences, or where the execution of the request may be detrimental to the sovereignty of the requested State, to its security, to Its public order or other essential interests. Executed by the required party in the forms provided for in its legislation, requests for assistance, such as the temporary transfer of a person detained in the requested State, the transmission of files or exhibits, or The execution of investigative acts, equivalent to the non-existent rogatory commission in the Paraguayan procedural system, give rise to direct communication between the ministries responsible for justice. The Convention also specifies the procedures for the surrender of pleadings, judicial decisions and the conditions for the appearance of witnesses, experts and persons prosecuted before the courts of the requesting party. The Convention on Mutual Assistance in Criminal Matters contains provisions relating to the exchange of information on criminal records, to denunciation for the purpose of prosecution and to the annual exchange of notices of conviction by courts of One party of nationals of the other party. Finally, the text lays down, in regular terms, the terms of its entry into force and, where appropriate, those of its denunciation by diplomatic means. The approval of this Convention was authorised by Law 2002-1046 of 6 August 2002. France transmitted its instrument of approval, through the channel of our Embassy in Assomption, on 14 October 2002. The Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Republic of Paraguay is in force on 1 December 2002

Keywords

FOREIGN AFFAIRS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , PARAGUAY , CONVENTION , MUTUAL LEGAL ASSISTANCE , MATIERE PENALE

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JORF No. 42 of 19 February 2003 2967 page
Text No. 13


DECRET
No. 2003-127 of 12 February 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 Republic of Paraguay, signed at Assumption on 16 March 1997 (1)

NOR: MAEJ0330008D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/2/12/MAEJ0330008D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2003/2/12/2003-127/jo/texte

The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2002-1046 of 6 August 2002 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 Paraguay, signed at Assumption on 16 March 1997;
Amending Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Décrète:

Article 1

The Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Republic of Paraguay, signed at Assomption on 16 March 1997, will be published in the Official Journal of the French Republic.

Article 2

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

Item Appendix

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 PARAGUAY
The Government of the French Republic and the Government of the Republic of Paraguay,
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
order 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 accord each other, in accordance with the provisions of this Convention, the widest measure of mutual legal assistance in any proceedings involving criminal offences, the sanction of which is, at the time when mutual assistance is Application, the jurisdiction of the judicial authorities of the requesting Party. Assistance will be granted without the requirement that the facts be considered 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, nor to military offences which 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 Republic of Paraguay designates as the central authority the Ministry of Justice and Labour. 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 for France are the judicial authorities, for Paraguay, the judicial authorities and Taxation General del Estado.
2. Any changes affecting the designation of these authorities will be made known to 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 Party either as political offences or as related to political offences;
(b) If the request A search, seizure, receivership and the facts underlying 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 Request is liable to prejudice the sovereignty, security, public order or other essential interests of the country.
2. Assistance shall be refused if the request is for a confiscation order and the facts underlying the request do not constitute 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 File.
2. If the requesting Party wishes the witnesses or experts to be sworn in, the requesting Party shall expressly so request and the requested Party shall act if the law of the requesting Party does not object to it.
3. The requested Party may transmit only certified copies or photocopies of the requested records or documents. However, if the requesting Party expressly requests the communication of the originals, that request shall be acted upon 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 competent authorities and/or persons authorised by them may attend such performance if the requested Party consents. This presence does not authorise the exercise of functions within the competence of the authorities of the requested State, but allows for new questions to be posed through the competent authority required.

Article 7

1. The exhibits, as well as the originals of the files and documents, which have been communicated in execution of a request for mutual legal assistance, shall be returned as soon as possible by the requesting Party to the requested Party unless
2. The requested Party may suspend the surrender of the exhibits, files or documents for which the communication is requested, if necessary for a criminal procedure in progress.

TITLE III

REMISSION OF ADVANCE AND JUDICIAL DECISIONS. -COMPARATION OF WITNESSES, EXPERTS AND POURSUIVIOUS 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 similar meanings or in a special form compatible with that
. Proof of surrender 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 delivery. 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 at Subpoena on the territory of the requesting Party may not be submitted, even though that quotation would contain injunctions, to no sanction or measure of constraint, unless it subsequently surrendered voluntarily in the territory of The requesting Party and that it is regularly cited again.

Article 10

The allowances to be paid, as well as the travel and subsistence expenses to be reimbursed to the witness or expert by the Party Are calculated from the place of their residence and are granted at rates at least equal to those set out in the tariffs and regulations in force 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 allowances to be paid, as well as the travel and subsistence expenses to be reimbursed.

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 his dismissal in The time limit specified by the requested Party and subject to the provisions of Article 13, to the extent that they may apply.
2. The transfer is refused if the detained person does not consent to it.
3. The transfer may be refused:
a) If its presence is necessary in a criminal proceeding in the territory of the requested Party;
b) If the transfer is likely to prolong its detention; or
c) If others Compelling considerations preclude its transfer to the territory of the requesting Party.
4. A Party may authorize transit through its territory of persons held by a third State whose personal appearance for the purpose of hearing has been requested by the other Party.
This authorization shall be granted on request accompanied by all Useful documents.
5. 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.
6. 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 liberty On the territory of that Party for facts or convictions prior to departure from the territory of the requested Party.
2. No person, of any nationality, quoted before the judicial authorities of the requesting Party in order to respond voluntarily to acts for which it is the subject of prosecution, cannot be prosecuted, detained, or Subject to any other restriction of personal 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 thirty consecutive days, after his presence was no longer required by the Judicial authorities, however, remained in this territory or returned after leaving it.

TITLE IV
OFFENCES 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
. The requested Party shall take all necessary measures authorised 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 The applicant 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 requirements of the legislation, the regulations or the practice of the requested Party.

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 recipient 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 qualification of the facts and contain a statement of them.

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 Path.
2. In the event of an emergency, the central authority of the requesting Party may submit to the central authority of the requested Party 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 Party in accordance with the rules of the requesting Party.

Article 19

Parts and documents transmitted under this Convention shall be exempt from all Legalization formalities.

Article 20

If the requesting authority of a request for assistance is incompetent to act on it, it shall automatically forward the request to the competent authority of its Country.

Article 21

Any refusal of 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, except those caused by the intervention of experts in the territory of the requested Party and by the transfer of detained persons Pursuant to section 12.

TITLE VII
DESNONCIATION TO PURSUANT
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. 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 decision
. 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 sentences Criminal record 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 denounce this Convention at any time 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 Date of receipt of the said notification.
In witness whereof, the representatives of the two Governments, duly authorized, have signed this Convention.
Done at Assomption on 16 March 1997 in duplicate, in French and Spanish, both texts being equally authentic.

For the Government
of the French Republic:
Michel Barnier
Associate Minister
European Affairs
For the Government
of the Republic of the Paraguay:
Rubén Melgarejo Lanzoni
Minister
of External Relations

Done at Paris, February 12, 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin

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