The Saeima has adopted and the President promulgated the following laws: The Council of Europe Convention on mutual assistance in criminal matters the second additional protocol to article 1. 20 April 1959 Council of Europe Convention on mutual assistance in criminal matters of November 8, 2001, the second additional Protocol (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The Ministry of Foreign Affairs shall inform the Secretary General of the Council of Europe in accordance with article 11 of the Protocol (4), and article 26, paragraph 5. 3. article. The Ministry of Foreign Affairs shall inform the Secretary General of the Council of Europe in accordance with article 13 of the Protocol point 7 that in all cases, to the prison at the time of the transfer of the person to the requested Party, requires the consent of the prisoner. 4. article. In accordance with the Protocol to article 33 paragraph 2 of Latvia does not consider as binding in its article 17. 5. article. Simultaneously with the filing of ratification the Ministry of Foreign Affairs shall inform the Secretary General of the Council of Europe in accordance with article 18 of the Protocol (4) that the competent authority for the Interior Ministry. 6. article. Simultaneously with the filing of ratification the Ministry of Foreign Affairs shall inform the Secretary General of the Council of Europe in accordance with article 19 of the Protocol (4) that the functions of the competent authority during the pre-trial stage of the proceedings, but the Prosecutor General's Office to perform the initiation of prosecution, the Ministry of internal affairs. 7. article. The law shall enter into force on the date of its promulgation. With the law put the Protocol in English, and its translation into Latvian language. 8. article. This Protocol shall enter into force on the 30th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by the Parliament in the January 29, 2004. The President of the Parliament instead of the President i. Otter Riga 2004 18 February Second Additional Protocol to the European Convention on Mutual assistance in Criminal matters Strasbourg, 8. XI. 2001 the member States of the Council of Europe, signatory to this Protocol, Having regard to their undertaking under the Statute of the Council of Europe; Of further contributing to Desiro safeguards human rights, uphold the rule of law and support the democratic fabric of society; Considering it to that effect desirabl to strengthen their individual and collective ability to responds to crime; Decided to improve on and supplement in certain aspects of the European Convention on Mutual assistance in Criminal matters done at Strasbourg on 20 April 1959 (hereinafter referred to as "the Convention"), as well as the Additional Protocol, done at Strasbourg theret on 17 March 1978; Taking into considerations the Convention for the Protection of Human rights and Fundamental Freedom, done at Rome on 4 November 1950, as well as the Convention for the Protection of Individual with regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981, have agreed as follows: Chapter I article 1 – scope article 1 of the Convention shall be replaced by the following provision in "1. The parties to afford each other the undertak promptly, in accordanc with the provision of this Convention, the wides a measure of mutual assistance in proceedings in respect of the offenc the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party. 2. This Convention does not apply to arrest, the enforcement of the verdict or of the offenc under military law which are not under the ordinary criminal law of the offenc. 3. Mutual assistance may also be afforded in proceedings brough by the administrative authorities in respect of acts which are of punishabl under the national law of the requesting or the requested Party by virtue of being an infringement of the rules of law, where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. 4. Mutual assistance shall not be refused solely on the ground that it relate to ACTA for a legal person may be held which liabl in the requesting Party. " Article 2: the presence of officials of the requesting Party article 4 of the Convention shall be supplemented by the following text, the original article 4 of the Convention becoming paragraph 1 and the becoming paragraph 2: provision below "2. Requests for the presence of such officials or interested persons should not be refused where that presence is likely to render the execution of the request for assistance more responsiv to the needs of the requesting Party and Therefore, likely to avoid, the need for supplementary requests for assistance. " Article 3 — Temporary transfer of detained persons to the territory of the requesting Party article 11 shall be replaced by of the Convention by the following provision: "1. A person in custody whose personal appearance for evidentiary purpose for others than for standing trial is applied for by the requesting Party shall be transferred to its territory, OK provided that he or she shall be sent back within the period stipulated by the requested Party and subject to the provision of article 12 of this Convention, in so far as these with applicable. Transfer may be refused if: (a) the person in custody does not consent; (b) his or her presence is not at criminal proceedings pending cessary in the territory of the requested Party; (c) the transfer is liabl to prolong his or her detention, or (d) there are other overriding grounds for not transferring him or her to the territory of the requesting Party. 2. Subject to the provision of article 2 of this Convention, in a case coming within paragraph 1, transit of the person in custody through the territory of a third Party, shall be granted on application, accompanied by all the documents, addressed by cessary not the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested. (A) a Party may refus to grant transit to its own nationals. 3. The transferred person shall remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from whom transfer is requested applies for his or her release. " Article 4 – channels of communication article 15 of the Convention shall be replaced by the following provision: "1. Requests for mutual assistance, as well as to the information, shall be addressed spontaneo in writing by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. However, they may be forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels. 2. Applications as referred to in article 11 of this Convention and article 13 of the Second Additional Protocol to this Convention shall in all cases be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. 3. Requests for mutual assistance concerning proceedings as mentioned in paragraph 3 of article 1 of this Convention may also be forwarded directly by the administrative judicial authorities or of the requesting Party to the administrative or judicial authorities of the requested Party, as the case may be, and returned through the same channels. 4. Requests for mutual assistance made under articles 18 and 19 of the Second Additional Protocol to this Convention may also be forwarded directly by the competent authorities of the requesting Party to the competent authorities of the to of the requested Party. 5. Requests provided for in paragraph 1 of article 13 of this Convention may be addressed directly by the judicial authorities concerned to the appropriate authorities of the requested Party, and the replies may be returned directly by those authorities. Requests provided for in paragraph 2 of article 13 of this Convention shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party. 6. Requests for cop out of convictions and referred it to the axis of the measure in the article 4 of the Additional Protocol to the Convention may be made directly to the competent authorities to be. Any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of this paragraph, the competent authorities shall be de. 7. In urgent cases, where direct transmission is permitted under this Convention, it may take place through the International Criminal Police Organisation (Interpol). 8. Any Party may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to make the execution of requests, or specified requests, for mutual assistance dependent on one or more of the following conditions: (a) that a copy of the request be forwarded to the central authority designated in that declaration; (b) that, except urgent requests to be forwarded requests to the central authority designated in that declaration; (c) that, in the case of direct transmission for reasons of urgency, a copy shall be transmitted at the same time to its Ministry of Justice; (d) that some or all requests for assistance shall be sent to it through channels other than those provided for in this article. 9. Requests for mutual assistance and any other communications under this Convention or its protocols may be forwarded through any electronic or other means of telecommunication provided that the requesting Party is prepared, upon request, to produce at any time a written record of it and the original. However, any Contracting State may, by a declaration addressed at any time to the Secretary General of the Council of Europe, establish the conditions under which it shall be willing to accept and execute requests received by electronic or other means of telecommunication. 10. The provision of this article shall be without prejudice to those of bilateral agreements or arrangements in force between parties which provide for the direct transmission of requests for assistance between their respectiv of authorities. " Article 5: Costa article 20 of the Convention shall be replaced by the following provision: "1. the Parties shall not claim from each other the refund of any costs resulting from the application of this Convention or its protocols, except: (a) the costs incurred by the attendance of experts in the territory of the requested Party; (b) the costs incurred by the transfer of a person in custody carried out under articles 13 or 14 of the Second Additional Protocol to this Convention, or article 11 of this Convention; (c) the costs of a substantial or extraordinary nature. 2. However, the cost of establishing a video or telephone link, costs related to the servicing of a video or telephone link in the requested Party, the remuneration of interpreters provided by it and the witness of their allowance and travelling expense in the requested Party shall be refunded by the requesting Party to the requested Party, unless the parties agree otherwise. 3. the Parties shall consult with each other with a view to making arrangements for the payment of costs under paragraph 1 (c) of the claimabl above. 4. The provision of this article shall apply without prejudice to the provision of article 10, paragraph 3, of this Convention. " Article 6-Judicial authorities article 24 of the Convention shall be replaced by the following provision: "Any State shall at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of the Convention by the judicial authorities, de. It subsequently may, at any time and in the same manner, change the terms of its declaration. "   Chapter II article 7 – Postponed execution of requests 1. The requested Party may request postpon action on (a) if such action would prejudice investigations, prosecution or related proceedings by its authorities. 2. Before refusing or postponing assistance, the requested Party shall, where appropriate after having consulted with the requesting Party, consider the whethers may be partially granted request or subject to such conditions as it not cessary deemas. 3. If the request is postponed, reasons shall be given for the postponemen. The requested Party shall inform the requesting Party also of any reasons that render impossible the execution of the request is likely to delay it or in significantly. Article 8 – procedure Notwithstanding the provision of article 3 of the Convention, where requests specify the procedures which the formalit or not cessary under the law of the requesting Party, even if unfamiliar to the requested Party, the latter shall comply with such requests to the exten the that the action sought is not contrary to fundamental principles of law, unless it is otherwise provided for in this Protocol. Article 9-Hearing by video conference If a person is 1 in one Party's territory and has to be heard as a witness or expert by the judicial authorities of another Party, the latter may, where it is not possible or desirabl for the person to be heard to appear in its territory in person, request that the hearing take place by video conference as provided for in paragraphs 2 to 7.2. The requested Party shall agree to the hearing by video conference provided that the use of the video conference is not contrary to fundamental principles of its law and on condition that it has the technical means to carry out the hearing. If the requested Party has no access to the technical means for video conferencing, such means may be made available to it by the requesting Party by mutual agreement. 3. Requests for a hearing by video conference shall contain, in addition to the information referred to in article 14 of the Convention, the reason why it is not possible or desirabl for the witness or expert to attend in person, the name of the judicial authority and of the persons who will be conducting the hearing. 4. The judicial authority of the requested Party shall summon the person concerned to appear in accordanc with the let down by it in the form of law. 5. With reference to hearing by video conference, the following rules shall apply: (a) (a) the judicial authority of the requested Party shall be present during the hearing, where an interpreter is not assisted by cessary, and shall also be responsible for ensuring both the identification of the person to be heard and respect for the fundamental principles of the law of the requested Party. If the judicial authority of the requested Party is of the view that during the hearing the fundamental principles of the law of the requested Party is being infringed, it shall to immediately take the measure of the cessary ensur that the hearing continue in accordanc with the said principles; (b) measure for the protection of the person to be heard shall be agreed, where, between the competent cessary not the authorities of the requesting and the requested Parties; (c) the hearing shall be conducted directly by, or under the direction of, the judicial authority of the requesting Party in accordanc with its own laws; (d) at the request of the requesting Party or the person to be heard, the requested Party shall ensur that the person to be heard is assisted by an interpreter, if not cessary; (e) the person to be heard may claim the right not to testify which would to him or her under accru the law of either the requested or the requesting Party. 6. Without prejudice to any measure for the protection of the agreed person, the judicial authority of the requested Party shall on the conclusion of the hearing draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons in the requested Party participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the competent authority of the requested Party to the competent authority of the requesting Party. 7. Each Party shall take the measure of the cessary ensur that, where a witness or experts with being heard within its territory, in accordanc with this article, and to testify when under UN refus obligation to testify or do not testify according to the truth, its national law applies in the same way as if the hearing took place in a national procedure. 8. the parties may at their discretion also apply the provision of this article, where appropriate and with the agreement of their competent judicial authorities, to the hearing by video conference involving the accused person or the suspect. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to agreement between the parties concerned, in accordanc with their national law and relevant international instruments. Hearing involving the accused person or of the suspect shall only be carried out with his or her consent. 9. Any Contracting State may, at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that it will not itself of the possibility provided availa ... in paragraph 8 above of also applying the provision of this article to hearing by video conference involving the accused person or the suspect. Article 10: in a Hearing by telephone conference 1. If a person is in one Party's territory and has to be heard as a witness or expert by judicial authorities of another Party, the latter may, where its national law so provides, request the assistance of the former Party to enable the hearing to take place by telephone conference, as provided for in paragraphs 2 to 6.2 A hearing may be conducted by telephone conference only if the witness or expert agree-that the hearing take place by that method. 3. The requested Party shall agree to the hearing by telephone conference where this is not contrary to fundamental principles of its law. 4. A request for a hearing by telephone conference shall contain, in addition to the information referred to in article 14 of the Convention, the name of the judicial authority and of the persons who will be conducting the hearing and an indication that the witness or expert is willing to take part in a hearing by telephone conference. 5. The practical arrangements regarding the hearing shall be of the agreed between the parties concerned. When agreeing such arrangements, the requested Party shall: (a) notify undertak to the witness or expert concerned of the time and the venue of the hearing; (b) the identification of ensur the witness or expert; (c) verify that the witness or expert agree to the hearing by telephone conference. 6. The requested Party may make its agreement subject, fully or in part, to the relevant provision of article 9, paragraph 5 and article 7 of 11 — Spontaneo information 1. Without prejudice to their own investigations or proceedings, the competent authorities of a Party may be, without prior request, forward to the competent authorities of another Party information to be obtained within the framework of their own investigations , when they consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings, or might lead to a request by that Party under the Convention or its protocols. 2. The providing Party may, to the its national law pursuan, impost condition on the use of such information by the receiving Party. 3. The receiving Party shall be bound by those conditions. 4. However, any Contracting State may, at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that it reserve the right not to be bound by the conditions imposed by the providing Party under paragraph 2 above, unless it receive the prior notice of the nature of the information to be provided and agree to it for transmission. Article 12 – Restitution 1. At the request of the requesting Party and without prejudice to the rights of bona fide third parties, the requested Party may place articles obtained by criminal means at the disposal of the requesting Party with a view to their return to their rightful owners. 2. In applying articles 3 and 6 of the Convention, the requested Party may waiv the return of articles either before or after handing them over to the requesting Party if the restitution of such articles to the rightful owner may be facilitated thereby. The rights of bona fide third parties shall not be affected. 3. In the event of a waiver before handing over the articles to the requesting Party, the requested Party shall exercise of security right or other right of the recourses under tax or customs legislation in respect of these articles. 4. A waiver as referred to in paragraph 2 shall be without prejudice to the right of the requested Party to collect taxes or duties from the rightful owner of the. Article 13 — Temporary transfer of detained persons to the requested Party 1. Where there is agreement between the competent authorities of the parties concerned, (a) the Party which has requested an investigation for which the presence of a person held in custody on its own territory is required may OK transfer that person to the territory of the Party in which the investigation is to take place. 2. The agreement shall cover the arrangements for the temporary transfer of the person and the date by which the person must be returned to the territory of the requesting Party. 3. Where consent to the transfer is required from the person concerned, a statement of consent or a copy thereof shall be provided promptly to the requested Party. 4. The transferred person shall remain in custody in the territory of the requested Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from which the person was transferred applies for his or her release. 5. The period of custody in the territory of the requested Party shall be deducted from the period of detention which the person concerned is or will be obliged in the territory of the underg of the requesting Party. 6. The provision of article 11, paragraph 2, and article 12 of the Convention shall apply mutatis mutandis. 7. Any Contracting State may at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that before an agreement is reached under paragraph 1 of this article, the consent referred to in the paragraph 3 of this article will be required, or will be required under certain conditions indicated in the declaration. Article 14: the Personal appearance of transferred sentenced persons for the provision of articles 11 and 12 of the Convention shall apply, mutatis mutandis, also with the person who is in custody in the requested Party, be it having been transferred pursuan in order to serve a line is passed in the requesting Party, where their personal appearance for the purpose of review of the judgement is applied for by the requesting Party. Article 15-language of procedural documents and judicial decisions to be served 1. The provision of this article shall apply to any request for service under article 7 of the Convention or article 3 of the Additional Protocol theret. 2. Procedural documents and judicial decisions shall be in all cases be transmitted in the language, or the languages, in which they were issued. 3. Notwithstanding the provision of article 16 of the Convention, if the authority that issued the papers knows or has reason to believe that the addresse of the understand only some other language, the papers, or at least the most important passage thereof, shall be accompanied by-(a) translation into that other language. 4. Notwithstanding the provision of article 16 of the Convention, procedural documents and judicial decisions shall be, for the benefit of the authorities of the requested Party, be accompanied by a short summary of their contents translated into the language, or one of the languages of that Party. Article 16: service by post 1. The competent judicial authorities to be of any Party may directly address, by post, procedural documents and judicial decisions, the person who is in the territory of any other Party. 2. Procedural documents and judicial decisions shall be accompanied by (a) a report stating that the addresse of the may obtain information from the authority identified in the report, regarding his or her rights and obligations concerning the services of the of the paper. The provision of paragraph 3 of article 15 above shall apply to that report. 3. The provision of articles 8, 9 and 12 of the Convention shall apply mutatis mutandis to service by post. 4. The provision of paragraphs 1, 2 and 3 of article 15 above shall also apply to service by post. Article 17 – cross-border observations 1 police officer of one of the parties who, within the framework of a criminal investigation, are keeping under observation in their country a person who is presumed to have taken part in a criminal to which extradition may apply offenc, or a person who it is strongly believed will lead to the identification or location of the above-mentioned person It shall be authorised to continue their observation in the territory of another Party where the latter has authorised cross-border observation in response to a request for assistance which has previously been submitted. Conditions may be attached to the authorisation. On request, the observations will be entrusted to officers of the Party in whose territory it is carried out. The request for assistance referred to in the first sub-paragraph a must be sent to an authority designated by each Party and having jurisdiction to grant or forward it to the requested authorisation. 2. Where, for particularly urgent reasons, prior authorisation of the other Party cannot be requested, the officers conducting the observation within the framework of a criminal investigation shall be authorised to continue beyond the border the observation of a person presumed to have committed the offenc listed in paragraph 6, provided that the following conditions are met: (a) the authorities of the Party designated under paragraph 4 , in whose territory the observation is to be continued, must be notified immediately, during the observation, that the border has been crossed; (b) a request for assistance submitted in accordanc with paragraph 1 and outlining the grounds for crossing the border without prior authorisation shall be submitted without delay. Observation shall cease as soon as the Party in whose territory it is taking place so requests, following the notification referred to in (a) or the request referred to in (b) or where authorisation has not been obtained within five hours of the border being crossed. 3. The observations referred to in paragraphs 1 and 2 shall be carried out only under the following general conditions: (a) the officers conducting the observation must comply with the provision of this article and with the law of the Party in whose territory they are operating; they must obeys the instructions of the local authorities of the responsible. (b) Except in the situation provided for in paragraph 2, the officers shall, during the observation, carry a document certifying that authorisation has been granted. (c) the officers conducting the observation must be able at all times to provide proof that they are acting in an official capacity. (d) the officers conducting the observation may carry their service weapon in during the observation, save where specifically otherwise decided by the requested Party; their use shall be prohibited save in cases of self-defence legitimat. (e) Entry into private homes and places not accessible to the public shall be prohibited. (f) the officers conducting the observation may not stop and question ither, nor arrest the person under observation,. (g) All operations shall be the subject of a report to the authorities of the Party in whose territory they took place; the officers conducting the observation may be required to appear in person. (h) the authorities of the Party from which the observing officers have come shall, when requested by the authorities of the Party in whose territory the observation took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings. 4. Parties shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, in both the officer indicates and authorities that they designat for the purpose of paragraphs 1 and 2 of this article. They subsequently may, at any time and in the same manner, change the terms of their declaration. 5. The parties may, at bilateral level, extend the scope of this article and the additional measure of adop in implementation thereof. 6. The observations referred to in paragraph 2 may take place only for one of the following: — the criminal assassination of the offenc; — murder; — rap; — arson; — counterfeiting; — armed robbery and receiving of stolen goods; — extortion; kidnapping and taking of hostag;- -traffic in the human being; the traffic in narcotics: Illicium drugs and psychotropic substances; — breach of the laws on arms and explosives; — use of explosives; -the carriage of illicit toxic and dangerous waste; -smuggling of aliens; – sexual abuse of children. Article 18 — Controlled delivery 1. Each Party to undertak ensur that, at the request of another Party, may be permitted to deliver controlled on its territory in the framework of criminal investigations into the offenc extraditabl. 2. The decision to carry out controlled shall be taken to deliver in each individual case by the competent authorities of the requested the Party, with due regard to the national law of that Party. 3. Controlled to take place shall deliver in accordanc with the procedures of the requested Party. Competence to act, direct and control operations shall lie with the competent authorities of the Party to you. 4. Parties shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, indicates the authorities that are competent for the purpose of this article. They subsequently may, at any time and in the same manner, change the terms of their declaration. Article 19 — covert investigations 1. The requesting and the requested Parties may agree to assist one another in the conduct of investigations into crime by officers acting under covert or false identity (covert investigations). 2. The decision on the request is taken in each individual case by the competent authorities of the requested the Party with due regard to its national law and procedures. The duration of the covert investigation, the detailed conditions, and the legal status of the officers concerned during covert investigations shall be agreed between the parties with due regard to their national law and procedures. 3. Covert investigations shall take place in accordanc with the national law and procedures of the Party on the territory of which the covert investigation takes place. The parties involved shall co-operate to ensur that the covert investigation is prepared and supervised and to make arrangements for the security of the officers acting under covert or false identity. 4. Parties shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, indicates the authorities that are competent for the purpose of paragraph 2 of this article. They subsequently may, at any time and in the same manner, change the terms of their declaration. Article 20, joint investigation teams 1. By mutual agreement, the competent authorities of the two or more parties may set up a joint investigation team for a specific purpose and a limited period, which may be extended by mutual consent, to carry out criminal investigations in one or more of the parties setting up the team. The composition of the team shall be set out in the agreement. A joint investigation team may, in particular, be set up where: (a) a Party's investigations into the criminal of the offenc require difficult and demanding investigations having links with other parties; (b) a number of parties are conducting investigations into criminal in which of the offenc circumstanc of the case no cessitat-ordinated, concerted action star in the parties involved. (A) a request for the setting up of a joint investigation team may be made by any of the parties concerned. The team shall be set up in one of the parties in which the investigations are expected to be carried out. 2. In addition to the information referred to in the relevant provision of article 14 of the Convention, requests for the setting up of a joint investigation team shall include proposals for the composition of the team. 3. A joint investigation team shall operate in the territory of the parties setting up the team under the following general conditions: (a) the leader of the team shall be a representative of the competent authority participating in criminal investigations from the Party in which the team operate. The leader of the team shall act within the limits of his or her competence under national law; (b) the team shall carry out its operations in accordanc with the law of the Party in which it operate. The members and seconded members of the team shall carry out their tasks under the leadership of the person referred to in sub-paragraph (a), taking into account the conditions set by their own authorities in the agreement on setting up the team; (c) the Party in which the team shall make the operate the cessary organisational arrangements for it not to do so. 4. In this article, members of the joint investigation team from the Party in which the team is referred to as operate with "members", while members from parties other than the Party in which the team is referred to as operate with "seconded members". 5. Seconded members of the joint investigation team shall be entitled to be present when investigative measure is taken with in the Party of operation. However, the leader of the team may, for particular reasons, in accordanc with the law of the Party where the team operate, decide otherwise. 6. Seconded members of the joint investigation team may, in accordanc with the law of the Party where the team operate, be entrusted by the leader of the team with the task of taking certain investigative measure of where is this has been approved by the competent authorities of the Party out of operation and the seconding Party. 7. Where the joint investigation team needs investigative measure to be taken in by one of the parties setting up the team, members seconded to the team by that Party may request their own competent authorities to take those measure it. The measure shall be considered those in that Party under the conditions which would apply if they were requested in a national investigation. 8. Where the joint investigation team needs assistance from a Party other than those which have set up the team, or from a third State, the request for assistance may be made by the competent authorities to be of the State of operations to the competent authorities to be of the other State concerned in accordanc with the relevant instruments or arrangements. 9. (A) seconded members of the joint investigation team may, in accordanc with his or her national law and within the limits of his or her competence, provide the team with information available in the Party which has seconded him or her for the purpose of the criminal investigations conducted by the team. 10. Information lawfully obtained by a member or seconded member while part of a joint investigation team which is not otherwise available to the competent authorities of the parties concerned the may be used for the following purpose: (a) for the purpose for which the team has been set up; (b) subject to the prior consent of the Party where the information is available, for detecting becam, investigating and prosecuting other criminal offenc. Such a consent may be withheld only in cases where such use would endanger criminal investigations in the Party concerned or in respect of which that Party could is mutual assistance refus; (c) for preventing an immediate and serious threat to public security, and without prejudice to sub-paragraph (b). if a criminal investigation is opened subsequently; (d) for other purpose to the exten the that this is agreed between parties setting up the team. 11. This article shall be without prejudice to any other existing provision or arrangements on the setting up or operation of joint investigation teams. 12. To the exten the that the law of the parties concerned or the provision of any legal instrument applicable between them permit, arrangements may be agreed for persons other than representatives of the competent authorities to be of the parties setting up the joint investigation team to take part in the activities of the team. The rights conferred upon the members or seconded members of the team by virtue of this article shall not apply to these persons unless the agreement expressly states otherwise. Article 21 — Criminal liability regarding officials During the operations referred to in articles 17, 18, 19 or 20, unless you otherwise agreed upon by the parties concerned, officials from a Party other than the Party of operation shall be regarded as officials of the Party of operation with respect of the offenc committed against them or by them. Article 22 — Civil liability regarding officials 1. Where, in accordanc with articles 17, 18, 19 or 20, officials of a Party operating in another Party, with the first Party shall be liabl for any damage caused by them during their operations, in accordanc with the law of the Party in whose territory they are operating. 2. The Party in whose territory the damage referred to in paragraph 1 was caused shall make good such damage under the conditions applicable to damage caused by its own officials. 3. The Party whose officials have caused damage to any person in the territory of another Party shall reimburs the latter in full any sum it has paid to the victim or persons entitled on their behalf. 4. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of paragraph 3, each Party shall refrain in the case provided for in paragraph 1 from requesting reimbursemen of damage it has sustained from another Party. 5. The provision of this article shall apply subject to the provis-that the parties did not agree otherwise. Article 23-Protection of the witness where a Party requests assistance under the Convention or one of its protocols in respect of a witness at risk of intimidation or in need of protection, the competent authorities of the requesting and the requested Parties shall endeavour to agree on the measure for the protection of the person concerned, in accordanc with their national law. Article 24 – Provisional measure 1. At the request of the requesting Party, the requested Party, in accordanc with its national law, may take a provisional measure for the purpose of maintaining an existing self-cleaning evidence, situation or protecting endangered legal interests. 2. The requested Party may grant the request partially or subject to conditions, in particular time limitations. Article 25 – Confidentiality the requesting Party may require that the requested Party keep confidential the fact and substance of the request, except to the exten the cessary to not execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party. Article 26 – data protection 1 Personal data transferred from the one Party to another as a result of the execution of a request made under the Convention or any of its protocols, may be used by the Party to which such data have been transferred, only: (a) for the purpose of proceedings to which the Convention or any of its protocols apply; (b) for other judicial and administrative proceedings directly related to the proceedings mentioned under (a); (c) for preventing an immediate and serious threat to public security. 2. Such data may however be used for any other purpose if prior consent to that effect is given by either the Party from which the data had been transferred, or the data subject. 3. Any Party may transfer personal data to refus obtained as a result of the execution of a request made under the Convention or any of its protocols where such data is protected — under its national legislation, and the Party to which, the data should be transferred is not bound by the Convention for the Protection of Individual with regard to Automatic Processing of Personal data , done at Strasbourg on 28 January 1981, unless the latter Party to afford such protection to undertak the data as is required by the former Party. 4. Any Party that transfers personal data obtained as a result of the execution of a request made under the Convention or any of its protocols may require the Party to which the data have been transferred to give information on the use made with such data. 5. Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, require that, within the framework of the procedures for which it could have refused or limited the transmission or the use of personal data in accordanc with the provision of the Convention or one of its protocols, personal data transmitted to another Party not be used by the latter for the purpose of paragraph 1 unless with its previous consent. Article 27: the administrative authorities parties may at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, define what authorities they will de by administrative authorities for the purpose of article 1, paragraph 3, of the Convention. Article 28 – relations with other treats to the provision of this Protocol are without prejudice to more extensive regulations in bilateral or in agreements concluded between the multilaterals parties in application of article 26, paragraph 3, of the Convention. Article 29 – Friendly settlement the European Committee on crime problems shall be informed to the interpretation regarding CEAS and the application of the Convention and its Protocol, and shall do whatever is cessary to facilitat not a friendly settlement of any difficulty which may «arise out of their applications.   Chapter III article 30 – signature and entry into force 1 this Protocol shall be open. for signature by the member States of the Council of Europe which with a Party to or have signed the Convention. It shall be subject to ratification, acceptance or approval. A signatory may not ratify.â, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval. 3. In respect of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit. Article 31 – Accession 1. Any non-member State, which has acceded to the Convention, may accede to this Protocol after it has entered into force. 2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession. 3. In respect of any acceding State, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession. Article 32 – Territorial application 1 Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply. 2. Any State may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date or receipt of such notification by the Secretary General. Article 33 – reservations 1 reservations made by a Party to any provision of the Convention or its Protocol shall be applicable also to this Protocol, unless that Party otherwise declare at the time of signature or when depositing of its instrument of ratification, acceptance, approval or accession. The same shall apply to any declaration made in respect of any provision or by virtue of the Convention or its Protocol. 2. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will itself availa ... of the right not to accept wholly or in part any one or more of articles 16, 17, 18, 19 and 20 of the reservation may be made in other. 3. Any State may wholly or partially withdraw a reservation it has made in accordanc with the foregoing paragraph by means of a declaration addressed by it to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt. 4. Any Party which has made a reservation in respect of any of the articles of this Protocol mentioned in paragraph 2 above, may not claim the application of that article by another Party. It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. Article 34 Denunciation 1 Any Party may, in so far as it is concerned, denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General. 3. Denunciation of the Convention automatically entail denunciation of this Protocol. Article 35 – notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Protocol of: a any signature; (b) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Protocol in accordanc with articles 30 and 31; (d) any other Act, declaration, notification or communication relating to this Protocol. In witness whereof the undersigned, being duly authorised, have signed theret this Protocol. Done at Strasbourg, this 8th day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe and to the non-member States which have acceded to the Convention.  

The Council of Europe Convention on mutual assistance in criminal matters, the second additional protocol to The Protocol Council of Europe Member States, taking into account its obligations under the Statute of the Council of Europe; Desiring to further promote the protection of human rights, maintain the rule of law and to support the democratic society; Considered as desirable in this regard to strengthen their individual and collective ability to respond to crime; Have decided to improve and supplement certain aspects of 20 April 1959 in Strasbourg the Council of Europe adopted the Convention on mutual assistance in criminal matters (hereinafter referred to as "the Convention"), as well as its March 17, 1978 in Strasbourg adopted the additional protocol; Taking into account the 1950 November 4 in Rome accepted the human rights and fundamental freedoms, as well as 28 January 1981 in Strasbourg adopted the Convention on the protection of individuals with regard to the automatic processing of personal data, have agreed as follows: chapter I article 1 – scope article 1 of the Convention is replaced by the following: "1. the parties undertake in accordance with the terms of the Convention immediately to give each other the widest measure of mutual assistance in the procedural steps relating to criminal offences that punishment at the time of requesting assistance agreement with the requesting party's judicial authorities ' jurisdiction. 2. this Convention does not apply to pre-trial detention, enforcement of judgments or offences under military law which are not offences in the ordinary the meaning of the criminal law. 3. mutual assistance may be provided also by procedural steps proposed by the administrative authorities in respect of acts punishable under the requesting party or requested Party national laws as violations of the law, to which the decision is based can be brought to court with jurisdiction in criminal matters. 4. mutual assistance may be refused only on the grounds that it related to the action for which a legal person may be called to account in the requesting side. " Article 2 — officials of the requesting party, the presence of article 4 of the Convention shall be supplemented by the following text, the original article 4 of the Convention shall become paragraph 1 and the following provisions becoming paragraph 2: ' 2. Requests for such officials or interested person presence may not refuse if such presence may make the execution of the request for assistance more responsive to the needs of the requesting party and, therefore, may eliminate the need for additional requests for assistance. " Article 3 — inmates temporary transfer of the person to the requesting party article 11 of the Convention is replaced by the following: "1. The prisoner's person whose personal appearance for purposes of proof, other than costs, has asked the requesting party is temporarily transferred to its territory, provided that this person is taken back to the requested Party within the time and in compliance with the provisions of article 12 of the Convention, in so far as they are applicable. The transfer may be refused if: a. the person the prisoner disagrees; b. personal presence is criminal justice activities that take place in the requested Party; c. referral may extend detention of the person; or (d). There are other important reasons not to surrender the person to the requesting party. 2. in accordance with the provisions of article 2 of the Convention, in the case provided for in paragraph 1, the persons in transit through the territory of a third party is allowed on the basis of the application, accompanied by all the required documents and by the Ministry of Justice of the requesting party to the party giving the Ministry of Justice, through whose territory transit is requested. A party may refuse to grant transit of its citizens. 3. the person Transferred is kept in prison by the requesting party and, where appropriate, within the territory of the party through which transit is requested, unless the party that requested the transfer, requested the release of the person. " Article 4: communication channel in article 15 of the Convention is replaced by the following: "1. a request for mutual assistance, as well as spontaneous information, Ministry of Justice of the requesting Party shall address a written request form in the Ministry of Justice of the requested Party, and they are sent back through the same channels. However, the requesting party's judicial authorities may send them directly to the requested party's judicial authorities and sent back through the same channels. 2. in article 11 of this Convention and those of the second additional protocol to the Convention 13. requests referred to in article in all cases, the Ministry of Justice of the requesting Party shall address the requested party to the Ministry of Justice, and they are sent back through the same channels. 3. Requests for mutual assistance in relation to article 1 of the Convention referred to in paragraph 3 of the procedural actions can also be sent directly to the requesting party, the administrative or judicial authorities of the requested party to administrative or judicial authorities, and they are sent back through the same channels. 4. in accordance with the second additional protocol to the Convention on 18 and 19 of article prepare for mutual assistance requests can also be sent directly to the requesting party, the competent authorities of the requested Party, to the competent authorities. 5. the relevant judicial authorities article 13 of the Convention laid down in paragraph 1, requests can be sent directly to the relevant authority of the requested Party, and they can directly provide answers. Article 13 of the Convention, paragraph 2 of the proposed requests to the Ministry of Justice of the requesting Party shall address the requested party to the Ministry of Justice. 6. Additional Protocol to the Convention referred to in article 4 of requests regarding the judgment and the future performance of multiples copies of documents can be sent directly to the competent authorities. Any Contracting Party may, at any time, by notification addressed to the Secretary General of the Council of Europe to identify which institutions are considered as competent authorities for the purposes of this paragraph. 7. in urgent cases, where, in accordance with the Convention allowed direct communication, it can be done with the international criminal police organisation (Interpol). 8. any party may, at any time, by notification addressed to the Secretary General of the Council of Europe to keep the right to execute requests for mutual assistance or specific requests with one or more of the following conditions: (a) a copy of the request is that the specified in a notice sent to the central authority; b. the, except urgent requests, set out in the notice is sent to the central authority; (c) that in the case of direct contact, due to the urgency of the copy is sent simultaneously to the Ministry of Justice; (d) that some or all of the requests for assistance are sent to it through channels other than those provided for in this article. 9. a request for mutual assistance and any other Convention or its protocols, notifications can be sent via any electronic or other means of telecommunication provided that the requesting party is prepared, upon request, to produce at any time a written copy and the original. However, any Contracting Party may, at any time, by notification addressed to the Secretary General of the Council of Europe to establish the conditions on which it agrees to accept and fulfill requests received by electronic or other means of telecommunication. 10. This article is without prejudice to the provisions in force between the parties to existing bilateral agreements or arrangements that provide for the direct exchange of requests for assistance between the relevant authorities. " Article 5 — costs article 20 of the Convention is replaced by the following: "1. the Parties shall require each other to pay any costs incurred by the application of the Convention or its protocols, except: (a) costs incurred because of the presence of experts in the territory of the requested Party; (b) costs incurred in connection with the detention of persons in the movements, which are carried out in accordance with the Convention of the second additional protocol of 13 or 14, or article 11 of the Convention; c. significant or exceptional nature. 2. However, the requesting Party shall be reimbursed by the Party requested costs on video or telephone communication, costs in connection with the video or telephone service, the requested Party, the remuneration of interpreters provided and payments to witnesses and their travelling expenses in the requested Party, unless the parties agree otherwise. 3. the Parties shall consult each other in order to agree on cost recovery, which would be in accordance with paragraph 1 (c). 4. The provisions of this article are applied, without prejudice to article 10 of the Convention paragraph 3. " Article 6: judicial authorities article 24 of the Convention is replaced by the following provisions: "any country at the time of signature or when is passed its instrument of ratification, acceptance, approval or accession, by notification to the Secretary-General of the Council of Europe, the institutions which it considers judicial authorities for the purposes of this Convention. Then it may, at any time, the same way change your statement. "
Chapter II article 7 postponed execution of requests: 1. the requested Party may postpone action on a request if such action would prejudice its authorities, investigation, prosecution or its related procedural steps. 2. before refusing or postponing assistance, the requested Party shall, if necessary, after consultation with the requesting party, consider whether the request may be partially executed or under such conditions as it deems necessary. 3. If the request is suspended, the suspension has to be reasons. The requested Party shall inform the applicant party of any reasons which would make the performance impossible or which is essential in the future. Article 8: the order despite article 3 of the Convention, when requests are specified formalities or procedures required by the laws of the requesting party, even if the requested Party unknown, the last to perform such requests to the extent that the action sought is not contrary to fundamental principles of its law, unless otherwise provided for in this Protocol. Article 9 — Questioning the video conference 1. If the person is in the territory of one of the parties and their need to question him as a witness or expert before the other party's judicial authorities, the other party, if it is not desirable or possible for the person the questions personally invite in its territory, may request that the hearing take place in the form of a video conference, as set out in paragraphs 2 to 7. 2. The requested Party shall agree to questioning in the form of a video conference, if video conferencing use is not contrary to fundamental principles of its law and on condition that it has the technical means arranging them. If the request is The receiving party is not available for video conference technical means, the requesting party may provide access to the following features by mutual agreement. 3. The request for questioning the Organization of video conferences form in addition to article 14 of the Convention, the information specified in the reasons why the witness or expert is not desirable or possible to attend in person, the judicial authorities of the name, and the names of persons who will chair the hearing. 4. the requested party's judicial authority called the person concerned to participate in accordance with the form prescribed by law. 5. To examine in the form of a video conference, the following rules shall apply: a. the Parties requested judicial authorities shall participate in the questioning process, if necessary, the interpreter, and it has a duty to ensure the identification of the person both the questions and the law of the requested Party in respect of fundamental principles. If the requested party's judicial authority considers that during the hearing is a violation of the law of the requested Party basics, it shall immediately take the measures necessary to ensure that interrogation continued in accordance with the said principles; b. the questions people protection measures, if necessary, the requesting and the requested Parties by the competent authorities; c. the applicant directly led by the Questioning side judicial authority or authorities in accordance with these instructions, in accordance with its laws; d. After the requesting party's questions at the request of the person or the requested Party shall, if necessary, provide to the person interpreting the questions; e. the questions a person can claim a right not to give testimony that might arise under the requested Party or of the requesting party. 6. Without prejudice to any measures for the protection of the person, the requested party's judicial authority at the conclusion of the questioning shall draw up a Protocol, showing the date and place of the hearing, the identity of the person, questions of all the other side requested the persons present, participating in interrogation, identity and function, the oath taken and the technical conditions under which the questioning took place. This document is the requested Party, the competent authority shall forward to the Requesting Party to the competent authority. 7. Each Party shall take the necessary measures to ensure that, where witnesses or experts questioning takes place in its territory in accordance with this article, and they refuse to testify when it is obliged to do so, or gives false testimony, national laws are applied in the same way, if the questioning is the national agenda. 8. the parties may at their discretion, in appropriate cases and with their competent judicial authorities ' consent to the provisions of this article shall apply to hearings in the form of a video conference involving the accused or suspected person. In this case, the decision on holding a video conference and video conference retention procedures required the agreement of the parties in accordance with their national law and relevant international instruments. Hearings involving the accused or suspected person can be held only with the consent of that person. 9. any Contracting Party may, at any time, by notification addressed to the Secretary General of the Council of Europe, to determine that it will not use the previously specified in point 8 the opportunity to apply the provisions of this article questioning the video in the form of a conference involving the accused or suspected person. Article 10 — questioning teleconference form 1. If a person is in one party's territory, and it is necessary to question him as a witness or expert before the other party's judicial authorities, the other party may, if national law so provides, request the assistance of the first half of a piece of the teleconference hearing form, as provided for in paragraphs 2 to 6. 2. the teleconference Hearing form can be secured only if the witness or expert agrees that the hearing take place in this way. 3. the requested Party shall agree to questioning for holding teleconference form, if it is not contrary to fundamental principles of its law. 4. The request for the questioning of holding teleconference way in addition to article 14 of the Convention contains the information must specify the judicial authority and the person who will chair the hearing, as well as an indication that the witness or expert agrees to participate in the teleconference hearing. 5. The parties agree on the practical organisation of the meeting. Agreement to the requested Party shall undertake to: (a). to inform the witness or expert concerned of the time and place of the hearing; (b) ensure the identification of the witness or expert; c. check if the witness or expert agrees to the teleconference hearing. 6. the requested Party may give its consent and it fully or partially exposing article 5 and paragraph 7 of the rules. Article 11 – spontaneous information without prejudice to its 1, investigations or proceedings, the competent authorities of the parties may, without prior request, send the other hand to the competent authorities the information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving party to propose or carry out investigations or proceedings, or might lead to a request by that party under this Convention or its protocols. 2. The providing party may, in accordance with its national law, following the conditions under which the requested Party may use such information. 3. These conditions are binding upon the receiving party. 4. However, any Member may, at any time, by notification addressed to the Secretary General of the Council of Europe, determine that it reserves the right not to be regarded as binding of the providing party, in accordance with paragraph 2 above, if imposed before it has received notice of the nature of the information provided and agreed to its dispatch. Article 12 – Restitution of 1. at the request of the requesting party and without prejudice to bona fide third parties, the requested Party may surrender the things obtained by the requesting party in the order that they are returned to their rightful owners. 2. Application of the Convention article 3 and 6, the requested Party may waive the right to give up such things before or after their transfer to the requesting party, if the increasing ease of check in such case their rightful owner. A bona fide third party rights may not be affected. 3. Giving away before the transfer of the requesting party, the requested Party shall exercise no security right or other right of recovery in respect of these things certain tax or customs legislation. 4. paragraph 2 shall not prejudice the waiver provided for in the requested party entitled to recover taxes or duties from the rightful owner. Article 13: prisoners in the temporary transfer of persons in the requested Party 1. If between the parties the competent authorities there is agreement, the party which requested the investigation, which requires detention in its territory in person, may temporarily surrender the person to the following parties, which provides for the conduct of investigations. 2. Such agreement includes all personal organizing temporary transfers, and the date on which the person will be returned to the Requesting Party. 3. If the transfer requires the agreement of the person concerned, a statement of consent or a copy must be submitted promptly to the requested Party. 4. The person is kept in detention by the requested Party and, where appropriate, the territory of the party through which transit is requested, unless the party that requested the transfer, requires a person's release. 5. the detention period, the requested Party is reduced by the period of detention which the person concerned is or will be subject to the requesting party. 6. Article 11 of the Convention, paragraph 2 and article 12 provisions are applied mutatis mutandis. 7. any Contracting Party may, at any time, by notification addressed to the Secretary General of the Council of Europe to establish that, before achieving agreement in accordance with paragraph 1 of this article, you need a communication or certain specified circumstances will require the consent specified in paragraph 3. Article 14: the convicted person released personal presence in the 11 and 12 of the Convention, the provisions of the article apply mutatis mutandis to persons imprisoned in the territory of the requested Party, after they have been transferred to the Penal by the requesting party under penalties, if the requesting party requests the personal presence of the judgement for the purposes of the review. Article 15 — the subject of procedural documents and judicial decisions language 1. The provisions of this article apply to all service requests in accordance with article 7 of the Convention, or article 3 of the additional protocol. 2. procedural documents and judicial decisions in all cases is issued in the language or languages in which they accepted. 3. Notwithstanding article 16 of the Convention, if the authority which issued the document, you know, or have reason to believe that the addressee understands only some other language, these documents, or at least the most important passages are accompanied by a translation into such language. 4. Notwithstanding article 16 of the Convention, procedural documents and decisions of the courts of the requested party institutions is added a brief summary of the content of the translation in the language of that party or in one of its languages. Article 16-notice is sent by mail 1. Any of the parties the competent judicial authorities may direct in the mail address procedural documents and judicial decisions to persons located in the territory of any other party. 2. procedural documents and judicial decisions are added to a message that indicates that the recipient of the message contains the bodies may receive information about your rights and obligations in connection with the service. This message applies to article 15, paragraph 3. 3. sending notifications by post shall apply mutatis mutandis to the Convention 8, 9 and article 12. 4. sending notifications by mail also apply article 15, paragraphs 2 and 3. Article 17 – cross-border surveillance 1 one part of police officials under criminal investigation is observed in their country, for which the person is presumed participation in the offence to which extradition may apply, or the person in respect of whom there are strong grounds to believe that it will lead to the identification of the person or the above position, is allowed to continue surveillance on the territory of the other party, if the latter has authorised cross-border surveillance When referring to a previously submitted request for assistance. Permission can be added. Observation of the request is assigned the party officials in the territory of which it is made. The assistance referred to in the first subparagraph shall request each party's designated authority which has jurisdiction in respect of the granting of authorisation requested or transfer. 2. If, for particularly urgent reasons, it is not possible to ask the other party's prior authorization, the officials carrying out the surveillance of criminal investigation, is allowed to continue observation of the person behind the border, which is suspected of having committed offences listed in paragraph 6, provided that the following conditions are met: (a) in accordance with point 4 of the designated authorities of the party in whose territory the observation continued immediately at the time of the observation should be informed of the border crossing; (b) immediately submit the request for assistance pursuant to paragraph 1, indicating the reasons for crossing the border without prior authorisation. Observation is terminated as soon as the requested Party within the territory of which it happens after the information referred to in (a). or b. specified in the request, or, if the authorization is not received within five hours of the border crossing. 3. in point 1 and 2 this observation can be made subject to the following general rules shall: a. officials carrying out the surveillance must comply with the provisions of this article and the law of the party in whose territory they are operating; they must obey the local responsible authorities; (b) except in paragraph 2, during the observation of officials must be a document certifying the authorisation; c. officers carrying out the surveillance must be able to provide evidence that they are acting in an official capacity; d. officers carrying out the surveillance, observation time can carry their service weapons, except when the requested party specifically decided otherwise; their use is prohibited, except for legitimate self-defense; e. the entrance of private homes and places not accessible to the public is prohibited; f. officials carrying out the surveillance may not stop and interrogate or arrest the observed person; g. For all operations should be reported to the authorities of the party in whose territory they took place; the officers carrying out the surveillance may be required to appear in person; h. the party authorities, from which comes the observer officials after authorities at the request of the party in whose territory the observation, helps to carry out inquiries after the operation in which they took part, including participation in the procedural steps. 4. At the time of signature or when is passed its instrument of ratification, acceptance, approval or accession with the Secretary-General of the Council of Europe addressed the statement to specify both the officials and the authorities which they have appointed in this article 1 and 2. Then they can at any time in a similar way to change your notification rules. 5. the parties may, at bilateral level to expand the scope of this article and adopt additional measures for its implementation. 6. the surveillance referred to in paragraph 2 may be made only on the following criminal offences: murder under aggravating circumstances; — murder; -rape; — arson; — counterfeiting; — armed robbery and receiving stolen property; — extortion; -kidnapping and hostage receipt; — trafficking in human beings; — narcotic drugs and psychotropic substances circulation; -law on arms and explosives violations; — the use of explosives; toxic and hazardous waste — illegal movement; -alien smuggling; – sexual exploitation of children. Article 18 — controlled delivery 1. Each Party undertakes, at the request of another party, to ensure the control of supply allow on its territory in the framework of criminal investigations relating to criminal offences for which the intended output. 2. the decision on the control of supply in each case adopt the requested Party, the competent authority in accordance with the national laws of that party. 3. controlled deliveries shall take place in accordance with the request of the receiving party. Decision making, management and control of the operation to the competent authorities of the parties. 4. At the time of signature or when is passed its instrument of ratification, acceptance, approval or accession with the Secretary-General of the Council of Europe addressed the statement to specify the competent authorities appointed by them for the purposes of this article. Then they can at any time in a similar way to change your notification rules. Article 19 — hidden investigation 1. the requesting and the requested Parties may agree to mutually assist in the investigation of crime by officers acting under covert or false identity (covert investigations). 2. a decision on the request in each case adopt the requested party's competent authorities, subject to the national laws and procedures. The Parties shall, in accordance with national laws and procedures, agree on the duration of the covert investigation, detailed conditions and legal status of the officials involved in the covert investigation. 3. Covert investigations shall take place in accordance with the national laws and procedures, in the territory of which the covert investigation takes place. The Parties shall cooperate to ensure the preparation of covert investigation and surveillance and security officials it organized acting under covert or false identity. 4. At the time of signature or when is passed its instrument of ratification, acceptance, approval or accession with the Secretary-General of the Council of Europe addressed the statement to indicate the authorities which are competent for the purposes of article. Then they can at any time in a similar way to change your notification rules. Article 20-1 of the joint investigation team of two or more of the parties, the competent authorities may, by mutual agreement, to create a joint investigation team for a specific purpose and for a limited period, which may be extended by mutual consent, to carry out criminal investigations in one or more of the Group's creator. The composition of the Group should be specified in the contract. The joint investigation team may be established where: (a) the parties conducted criminal investigations are complex and require investigations related to other parties; (b) a number of parties made such investigations into criminal offences in which the circumstances of the case require the parties to concerted, coordinated action. The request for the establishment of a joint investigation team may be made by any of the interested parties. The group is created in one of the parties in the territory of which the conduct of investigations. 2. Article 14 of the Convention in the relevant provisions of the information in the request for the establishment of joint investigation teams should include proposals for the composition of the group. 3. the joint investigation team shall operate in the territory of the parties created through the following general conditions: (a) the group leader is a representative of the competent authority participating in criminal investigations from the party in which the team operates. Group leader works within their competence, in accordance with national law; b. group operations in accordance with the laws of the party in which it operates. Members of the Group and attached Members carries out its tasks as referred to in point (a). person, having regard to the Treaty of their authorities on the establishment of the Group; c. the party in whose territory the Group Act, shall make the necessary organisational arrangements for its operation. 4. for the purposes of this article, the joint investigation group members from the party in the territory of which the team operates are referred to as "the participants", but members of other parties than it in the territory of which the team operates are referred to as "the participants" attached. 5. the Group attached to the investigation participants shall be entitled to be present when investigations are carried out in the framework of the activities of the investigation in the territory of the party. However, the group leader can specific reasons in accordance with the laws of the party in which the team operates, decide otherwise. 6. attached to the joint investigation team members in accordance with the laws of the party in which the team operates a group leader can ask certain investigative measures, subject to approval by the parties to the action and attached to the competent authorities of the parties. 7. where the joint investigation team needs investigative measures to be taken in one of the parties that created the group, attached to the party members in a group may request their own competent authorities to take such actions. These actions are performed in the respective side under the conditions to be complied with, if they should need a national investigation. 8. Where the joint investigation team needs assistance from the parties, which have set up the team, or from a third country, the competent authorities of the parties may make a request for assistance from another State concerned, the competent authorities in accordance with the relevant instruments or arrangements. 9. the joint investigation team attached to the Member may, in accordance with their national laws and their competence, provide the team with information available in the party that he has delegated the group carrying out a criminal investigation. 10. information lawfully obtained by a member or the member acting attached to the joint investigation team, and that is not otherwise available to the parties, the competent authorities may be used for the following purposes: a. to set up purposes as a team; b. the party with prior consent, information which has become available, another for the detection of criminal offences, the investigation and prosecution. Such consent may be denied only if its use would endanger criminal investigations in the territory of the party concerned or for which the party could refuse mutual assistance; (c) to prevent the direct and serious threat to public security, and without prejudice to paragraph (b), if, in a subsequent criminal investigations have been initiated; (d) for other purposes to the extent that the parties setting up the team, agreed. 11. This article is without prejudice to any other existing provisions or arrangements on the setting up of joint investigation teams or action. 12. to the extent permitted by the laws of the parties concerned, or of any legal instrument applicable to them, can be organized in the other person, not the party, setting up the joint investigation team, composed of representatives of the competent authorities ' involvement in the activities of the group. With this article, the rights granted to members of the group or attached Members do not apply to them, unless the Treaty does not specifically provide otherwise. 21. Article 17 of the criminal liability of officials, 18, 19 or 20. Article during operations, if the parties concerned agree otherwise, officials from other parties, rather than parties, actions are considered transaction parties officials for him or against him for the offences committed. Article 22 — officials in civil liability 1. If any party officials under 17, 18, 19 or 20 of the Act of the other party, the first party shall be responsible for any damage caused by them during their operations, in accordance with the laws of the party in whose territory they are operating. 2. the party in whose territory the damage referred to in paragraph 1, pay damages such losses in accordance with the rules applicable to that party officials would create losses. 3. a party whose officials have created losses to any person in the territory of another party, to the last pay in full any sums it paid to the victims or persons entitled on their site. 4. Without prejudice to their legal realization vis-à-vis third parties and with the exception of paragraph 3, each Party shall set out in paragraph 1 shall refrain from remuneration in case of claim for damages caused to them by the other party. 5. The provisions of this article are applied, provided that the parties have agreed otherwise. Article 23 – protection of witnesses when a party requests assistance under the Convention or any of its protocols in respect of the witness, in respect of which there is a risk of bullying or who are in need of protection, the applicant and requested by the competent authorities of the Parties shall endeavour to agree on the measures for the protection of the person concerned in accordance with their national laws. Article 24-transitional measures 1. at the request of the requesting party, the requested Party may, in accordance with their national laws to take provisional measures to preserve evidence, to maintain the existing situation or protecting endangered legal interests. 2. the requested Party may execute the request in part or with conditions particularly in terms of time. Article 25 – confidentiality the requesting party may require that the requested Party considers confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting party. Article 26 – data protection 1 personal data transferred by one party to the other in accordance with the Convention or any of its protocols to the execution of a request, the party to which such data transferred may be used only: (a) for the purposes of proceedings. covered by this Convention or any protocol; (b) other judicial and administrative procedural activities directly related to (a). in the following procedural steps; c. to prevent an immediate and serious threat to public security. 2. However, such data may be used for any other purpose, provided that the prior consent of the party which received this data, or the data subject. 3. any party may refuse to transfer such personal data in accordance with the Convention or any of its protocols to the execution of a request, if: — the following data protects its national laws and, in a party which data is transferred, is not binding on 28 January 1981 in Strasbourg adopted the Convention for the protection of individuals with regard to the automatic processing of personal data, except where the latter Party undertakes to ensure the protection of such data What is required in the first half. 4. any party that transfers of such personal data in accordance with the Convention or any of its protocols to the execution of a request may ask the party to which such data was passed, provides information about the use of this data. 5. any party may, by notification addressed to the Secretary General of the Council of Europe require the procedures which it would have been able to refuse or restrict the transfer of personal data or used in accordance with the Convention or to any Protocol, the provisions of the other party the personal data transferred will not be used for the purposes of paragraph 1, without its prior consent. Article 27 administrative authorities of the parties may, by notification addressed to the Secretary General of the Council of Europe at any time determine the authorities it considers administrative authorities article 1 of the Convention the purposes of paragraph 3. Article 28 – relationship to other treaties this Protocol are without prejudice to more extensive regulations in bilateral or multilateral agreements concluded between parties in application of article 26 of the Convention, paragraph 3. Article 29: the peaceful settlement of disputes in the European Committee on crime problems is informed about the Convention and its interpretation and application of the Protocol, and shall endeavour to promote any of their application, consequent of the peaceful settlement of disputes.
Chapter III article 30 – signature and entry into force of the Protocol shall be open for signature by the Member States of the Council of Europe which are parties to the Convention or has signed it. It needs ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol if it has not previously or simultaneously ratified, accepted or approved the Convention. The instrument of ratification, acceptance or approval are deposited with the Secretary-General of the Council of Europe. 2. this Protocol shall enter into force on the first day of the month following a period of three months after the third instrument of ratification, acceptance or approval. 3. In respect of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, the Protocol shall enter into force on the first day of the month following a period of three months after the date of deposit of the instrument. Article 31 – accession 1. each non-Member State which has acceded to the Convention, but may accede to this Protocol after its entry into force. 2. Such accession is effected by depositing with the Secretary-General of the Council of Europe accession. 3. In respect of any acceding State this Protocol shall enter into force on the first day of the month following a period of three months after the deposit of the instrument of accession date. Article 32 – territorial application 1 any State may, or the signing of the instrument of ratification, acceptance, approval or accession, specify the time of the deposit of the territory or territories to which this Protocol applies. 2. Any State may at any later date, by notification addressed to the Secretary General of the Council of Europe to extend the application of this Protocol to any other territory specified in the notice. In respect of such territory the Protocol shall enter into force on the first of the month the day following the period of three months after the date of receipt of the notification by the Secretary-General. 3. any declaration made under the two preceding paragraphs may, in respect of any territory specified in this notice may be withdrawn by a notification addressed to the Secretary General. Withdrawal shall take effect on the first day of the month following the period of three months after the date on which the Secretary-General received the following announcement. Article 33 – reservations 1 reservations any party voiced against any provision of the Convention or of such Protocol, also apply to this Protocol, unless that party declares otherwise, the signing of the instrument of ratification, acceptance, approval or accession together. The same applies to any communication submitted to the context, or in accordance with any provisions of the Convention or its protocols. 2. Any State may, on signing the instruments of ratification, acceptance, approval or accession, at the time of such deposit, declare that it reserves the right to fully or partly not to recognise any one or more of the 16, 17, 18, 19 and 20 articles. Other reservations cannot be made. 3. Any State may wholly or partly withdraw a reservation it has made in accordance with the preceding paragraphs shall be submitted by means of a notification addressed to the Secretary General of the Council of Europe, which shall take effect from the date of arrival. 4. No party, which expressed its reservation in respect of any of those referred to in paragraph 2 of this article of the Protocol, the application of this article may be requested from any other party. However, if its objection is partial or conditional, it may require the application of this rule to the extent that that party has accepted it. Article 34 – denunciation 1 Any party may denounce this Protocol in so far as it concerns them, by means of a notification addressed to the Secretary General of the Council of Europe. 2. The denunciation shall take effect on the first day of the month following a period of three months after the date of receipt of the notification by the Secretary-General. 3. denunciation of the Convention automatically includes a denunciation of this Protocol. Article 35 – notifications the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and any State which has acceded to this Protocol of: (a) each signature; b. each instrument of ratification, acceptance, approval or accession depositing; c. each this date of entry into force of the Protocol in accordance with articles 30 and 31; d. any other Act, notification or communication in connection with this Protocol. In witness whereof, the undersigned, duly authorised thereto, have signed this Protocol. Adopted in Strasbourg, 8 November 2001 in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe and any State which is not a Member State, but has acceded to the Convention.