ct, the Government of the Republic of Indonesia and the Government of the People ' s Republic of China hold a reciprocity legal aid agreement in criminal matters which had been signed on July 24, 2000 in Jakarta. The agreement is felt particularly important to strengthen effective cooperation in the legal field with the basis of mutual respect for sovereignty, equality, and mutual benefit marked by the visit of China ' s Prime Minister to Jakarta on the month August 1990.
.,, as for the form of the Mutual Timbal Legal Aid in such Criminal Issues, includes:
1. The retrieval of the evidence/evidence and to get a statement from the person;
2. The granting of official documents and other legal records related;
3. The location and identification of the person;
.,, 4. implementation of requests for investigation and seizure and removal of evidence items of documents and goods;
5. attempts to move the outcome of the crime;
., 6. attempt to consent from the person willing to give testimony or assist the inquiry by the Requested party and if the person is in custody arrange a temporary transfer to the Requiver;
7. Delivery of documents;
.,, 8. perform expert assessment, and notice the results of the criminal event process; and
., 9. Other assistance in accordance with the purposes of this Agreement which is not in conflict with the State of the Requested Law. To further enhance the effectiveness of cooperation in countermeasures of criminal conduct especially transnational, then the implementation of the general principles of international law which emphasized the principle of respect for the sovereignty of law and sovereignty. The state must refer to a double criminality.
.,, the Treaty of Assistance of the Timbal Laws in this Criminal Issue was agreed not to list the list of crimes.
.,, some important parts of the Agreement between the Republic of Indonesia and the People ' s Republic of China are:
1. Assistance Rejection (Article 4)
.,
.,, the Mutual Timbal Legal Assistance Agreement in the Criminal Issue regulates the rights of the States of the Parties especially the State of Diminta to deny the request of assistance. The rights of the State are required to refuse to provide an absolute (in the sense that it must refuse) or not absolute (in a sense that it may refuse).
.,, the Right of State Requested to reject the absolute one is based on the general principles of international law that are in an international treaty related to the criminal justice process, among others relating to prosecution. Or a criminal activity set in political background, military criminal, expired prosecution, and nebis in idem. The rights of the State are required to reject the request of an indecisive aid based on the principle of retensities. This principle is particularly decisive in the face of criminal acts committed outside the State of the Inta Territorial Crime and is not regulated by the laws of the State of the Inta or against a criminal offence, which is threatened with a death criminal.
2. Presenting Prisoner/Inmate to Give Testimony (Article 12)
.,
.,, in the case of the consent of the prisoner/convict, then the prisoner/convict if requested by the State of the Lover may be temporarily moved to the State of the inta to testify in the judicial process and be returned at the time That's what you're doing.
3. Protection for Witness and Expert (Article 13)
.,
(A witness or expert) who has agreed to give testimony or a statement must be guaranteed a security protection that is a guarantee not to be detained, charged, or convicted in the State of the Love for a criminal offence. Before the witness or the expert leaves the State of Diminta, if the witness or expert is asked to be presented in the State of the inta, unless the witness or the expert commits a criminal offence at the time of giving testimony of perjury, The false statement, or the contempt of court. Witnesses or experts will lose the protection granted if they do not leave the State of the Inta in a period of 15 (fifteen) days after they were notified by judicial officials that their presence is no longer necessary.
., 4. Privacy Protection and Usage Restrictions and Evidence and Information Restrictions (Section 16)
.,, in the conduct of this Agreement, the request for assistance must be guaranteed its secrecy, both by the State of Diminta and the State of Love.
5. Start its Perp and Finally the Agreement (Article 25)
.,
., a., a. The agreement begins in effect 30 (thirty) days after each party notifying it in writing to the other that the terms of each party for the agreement be fulfilled.
., b. The agreements apply for a term of 5 (5) years and will automatically remain in effect, unless cancelled by one party through written notice 3 (three) months prior to the end of the agreement.
., c. The end of the agreement does not affect the completion of any ongoing activities.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Attachment ... (Agreement Text)
