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On The Agreement On The Transfer Of Proceedings In Criminal Matters

Original Language Title: Par Dalībvalstu Nolīgumu par tiesvedības nodošanu krimināllietās

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The Saeima has adopted and the President promulgated the following laws: the Member States of the agreement on the transfer of proceedings in criminal matters article 1. The Member States ' agreement on the transfer of proceedings in criminal matters (the agreement) with this law is adopted and approved. 2. article. In accordance with article 1 of the agreement, the second subparagraph shall not apply to Latvia agreement article 1 the first paragraph referred to in the second subparagraph to the offences. 3. article. In accordance with article 13 of the agreement of 9 and 12 of the agreement referred to in article documents are translated into the Latvian language. 4. article. In accordance with article 16 of the agreement in the third until the agreement enters into force, the agreement shall apply in Latvia with those Member States that have provided in this article, the notification referred to in the agreement. This declaration shall enter into force 90 days after its deposit. 5. article. The Ministry of Justice to coordinate the fulfilment of the obligations provided for in the agreement. 6. article. With the law put the agreement in English and its translation into Latvian language. The law will enter into force with a special law. 7. article. This agreement shall enter into force for the period specified in article 17 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted in 2002 the Saeima on 31 October. State v. President Vaira Vīķe-Freiberga in Riga 2002 November 13 agreement BETWEEN the MEMBER STATES ON the TRANSFER OF proceedings IN CRIMINAL MATTERS in the MEMBER States, INVIEW OF the relationship between their close people, NOTINGTH of DESIRABILITY of increased judicial co-operation with a view to the creation of a European area without internal frontiers, in which the free movement of persons must be ensured under the single European Act When CONSIDERING the provision of article 21 of the European Convention on mutual assistance in criminal matters concluded at Strasbourg on 20 April 1959, CONVINCED that, in order of their application, the facilitat those provision must be supplemented by more precise rules concerning the transfer of proceedings in criminal matters which contribute to the proper administration of Justice, and a reduction in cases of conflicting competence , Aware that the transfer of proceedings in criminal matters must take account of the interests of the persons involved, in particular the victim, BEARING IN MIND the European Convention on the transfer of proceedings in criminal matters, concluded at Strasbourg on 15 May 1972, have AGREED AS follows: article 1 1. For the purpose of this agreement, an "offenc" shall mean : — acts constituting criminal offenc; -acts constituting administrative or of the offenc offenc against regulations, which are punishabl by a fine provided that, if the offenc falls within the competence of an administrative authority. the person concerned shall have the possibility of bringing the case before a judicial body. 2. When signing this agreement or depositing the instrument of ratification, acceptance or approval thereof, each Member State may state in a declaration those of which it intends to offenc exclude from the scope of the agreement. The other Member States may apply the rule of reciprocity. Article 2 Any Member State having competence under its law to an offenc prosecut may send in a request for proceedings to the Member State of which the person is a national is suspected, the Member State where the suspected person currently is or to the Member State in which the suspected person is ordinarily resident. Article 3 1. Proceedings may be taken in the requested State only if the Act underlying the request for proceedings would be an offenc if committed in that State. 2. If the offenc is committed by a person has been in the public service in the requesting State or against a person in the public service, an institution or property of a public nature in that State, it shall be treated in the requested State in the same way as an Office by a person committed in offenc public service in that State or against persons , institutions or property òàæó in the latter State to the subject of the offenc. Article 4 For the purpose of applying this agreement, the requested State shall have competence under its own the prosecut law of the offenc's mentioned in the preceding articles in respect of which a request for proceedings has been made. Article 5 Member States shall extend their mutual assistance in criminal matters to include the measure not cessary for the implementation of this agreement with a view to obtaining the observations of the parties involved, in particular by the victim. Article 6 the requested State shall determin the whethers action should be taken on the request and shall notify the requesting State thereof without delay. For the purpose of the proceedings of the law applicable shall be that of the requested State. Article 7 where the requested State has accepted the request for proceedings against the persons suspected of the offenc, the requesting State shall discontinu the proceedings against him for the same offenc. However, the requesting State has jurisdiction when it recover the requested State, which has taken the decision to terminate the proceedings in that State, in accordanc with article 10 that the decision is not an it removes further proceedings according to its law. Article 8 Any act for the purpose of proceedings or to inquire, performed in features a Member State in accordanc with the provision of which the in force there, or any act interrupting or suspending the period of limitations shall have the same force in the other State as if it had been validly performed in that State. Where the law of the requested State alone requires that a complaint be lodged or another means of initiating proceedings be employed, these must be carried to formalit out within the time limit passed down by the law of the requested State and the latter must inform the requesting State thereof. The time limit shall begin on the date of acceptance of the request for proceedings in the requested State. Article 9 where the requesting State indicates it will forward a request for decision the proceedings, the requested State may apply all the provisional measure, including remand in custody, whose application would be permitted by its law if the offenc is concerning the proceedings with the Office which requested had been committed within its territory. Where the requesting State indicates it will forward a request for decision the proceedings and where the competence of the requested State is based solely on article 4, the requested State may apply all the provisional measure of under this agreement at the request of the requesting State. Moreover, the requested State may not remand the suspected person in custody unless: (a)) the law of the requesting State and the requested State of a remand in custody authoris for the offenc and b), there are reasons to fear that the suspected person might abscond or interfer with the evidence. For the purpose of provisional measure, the requesting State shall submit to the requested State the cessary documents using any appropriate means of which there is a written record. When signing this agreement or depositing the instrument of ratification, acceptance or approval thereof, each Member State may state in a declaration that the documents referred to in the third paragraph of this article which it requires for remand in custody and the time limit within which the request for the proceedings, together with the documents referred to in article 12 must be submitted. Article 10 the requested State shall inform the requesting State of the discontinuanc of proceedings or of any decision delivered at the end of the proceedings including whethers that decision presents to the UN removes further proceedings according to the law of the requested State. It shall, at the request of the requesting State, forward a copy of the written decision. Article 11 In the requested State, the sanctions applicable to the authority shall be the offenc let you down by the law of that State unless that law provides otherwise. Where the competence of the requested State is based solely on article 4, the sanctions incurred in that State may not be more sever than the sanctions passed down by the law of the requesting State. Article 12 the request for proceedings shall be made in writing and accompanied by: (a) the original or a certified) copy of the criminal file, a statement of the facts of the case and, where appropriate, any other relevant documents; (b) a copy of) the relevant legislation or, where this is not possible, a statement of the relevant law. The requesting State shall also inform the requested State in writing of any procedural act performed or measure taken in the requesting State of the after the transmission of the request which have a bearing on the proceedings. This information shall be accompanied by any relevant documentation. Article 13 the documents to be produced shall be drawn up in the language or one of the languages of the requesting State. Any Member State may, in a declaration, reserve the right to require that the documents mentioned in pertinen article 9 or 12 be translated in its language or one of its official languages. The other Member States may apply the rule of reciprocity. Article 14 1. Requests for proceedings and any relevant communications shall be exchanged between the Ministry of Justice of the requesting State and the Ministry of Justice of the requested State. 2. By virtue of the particular agreements or, in their absence, in case of emergency, requests and relating documents may be transmitted directly between the judicial authorities of the requesting State and those of the requested State. 3. In case of emergency and by virtue of the particular agreements, requests for proceedings and relating documents may be transmitted through the international criminal police organisation (Interpol) or through any appropriate channels leaving a written record, including telecopy. 4. As foreseen in paragraphs 2 and 3, a copy of the mentioned documents will be transmitted to the Ministry of Justice of the requested State unless this State has declared that such transmission is not required. 5. The methods of transmission shall not exclude diplomatic channels. Article 15 1. In relations between Member States which are parties to the European Convention on mutual assistance in criminal matters, concluded at Strasbourg on 20 April 1959, and the European Convention on the transfer of proceedings in criminal matters concluded at Strasbourg on 15 May 1972, the Benelux Treaty on extradition and mutual assistance in criminal matters, concluded at Brussels on 27 June 1962 and the Treaty between the Kingdom of Belgium the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands on the transfer of proceedings, concluded at Brussels on 11 May 1974, this Agreement shall apply only where it supplements the provision of those Convention or facilitat-application of the principles enshrined therein. 2. This agreement shall replace the provision of previous bilateral agreements each the same subjects between two Member States. These Member States may, however, mutually agree to maintain in force certain provision of these bilateral agreements. Article 16 1. This agreement shall be open for signature by the Member States. It shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Italian Republic. 2. This agreement shall enter into force 90 days after the deposit of the instrument of ratification, acceptance or approval by all the States which are members of the European communities at the date on which this agreement is opened for signature. 3. Each Member State may, when depositing its instrument of ratification, acceptance or approval, or at any later date until the entry into force of this agreement, declare that this Agreement shall apply to it in its relations with Member States that have made the same declaration 90 days after the date of deposit. 4. A Member State that has not made such a declaration may apply the agreement with the other Contracting Member States on the basis of bilateral agreements. 5. The Ministry of Foreign Affairs of the Italian Republic shall notify all the Member States of any signature, the deposit of the instrument or declaration. Article 17 this Agreement shall be open for accession by any State which become a member of the European communities. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Italian Republic. This agreement shall enter into force for any State acceding theret 90 days after the deposit of its instrument of accession. The Ministry of Foreign Affairs of the Italian Republic shall transmit a certified copy to the Government of each Member State.

The Member States ' agreement on the TRANSFER of proceedings in criminal matters, Member States shall, taking into account the close relationship between their Nations, stressing the desire to expand judicial cooperation in the context of a Europe without internal frontiers in which, in accordance with the single European Act is guaranteed the free movement of persons, in the light of article 21 of the European Convention on mutual assistance in criminal matters, concluded in Strasbourg, 20 April 1959, being convinced that the application of the said provisions in order that they should be complemented with the more detailed provisions on the transfer of proceedings in criminal matters that promote equitable justice and a reduced number of cases where there is a conflict of jurisdiction, being convinced that the transfer of proceedings in criminal matters must be taken into account in the interests of the parties involved, in particular the interests of the victim, bearing in mind the European Convention on the transfer of proceedings in criminal matters concluded in Strasbourg, 15 May 1972, have agreed on the following. Article 1 1 this agreement "offence" means: — activities that are criminal offences; — activities that are administrative irregularities or administrative infringements for which provides for fines, provided that, where the offence is within the competence of the regulatory body, the person concerned shall have the opportunity to apply to the judicial authority. 2. Signature or when depositing its instrument of ratification, acceptance or approval, a Member State may specify in the Declaration the offences to which they intend not to be subject to this agreement. Other Member States may apply the principle of reciprocity. Article 2 the Member State which has jurisdiction under its own law to be held liable for any offence, can submit a request to implement legal proceedings by the Member State whose citizen is the suspected person, the Member State in which is located the suspected person or the Member State in which the permanent resident suspected person. 3. Article 1 of the proceedings in the requested Member State may be exercised only if the activity to support a request to implement legal proceedings, would be an offence if committed in this State. 2. If the offence committed in the requesting Member State public service in person or if it is committed against the public authorities of that Member State in the person, the nature of the authority or public property, then this offence in the requested Member State apply as against offences committed by public authorities of the Member State in which the person or committed person, entity, or property which correspond to the offences in the requested Member State object. Article 4 for the purposes of the application of this agreement, the requested Member State shall have jurisdiction according to the law, be held liable for offences referred to in the preceding articles in respect of which a request for the exercise of the legal proceedings. Article 5 Member States shall extend the mutual cooperation in criminal matters, including the measures necessary for the implementation of this agreement, to listen to the people involved, especially the victims. Article 6 the requested State shall determine whether in relation to the request should take any action, and shall immediately inform the requesting State. The proceedings are governed by the requested State of the legislation in force. Article 7 if the requested State has accepted the request to implement a procedure against the person who is suspected of an offence, the requesting State shall terminate the proceedings against that person for the same offence. However, the country recovers its jurisdiction, if the requested State that has taken the decision to terminate the proceedings under article 10 shall inform the requesting country, in accordance with its national law, such a decision is not an obstacle for further proceedings. Article 8 any action, proceeding or for the purpose of pre-trial investigation carried out in a Member State in accordance with the national rules in force, or any action which interrupts or suspends the limitation period, it is also valid for any other country as if they had been lawfully made in the country. If only the laws of the requested State requires that the complaint or use any other form of legal proceedings, these formalities must be carried out within the time limit set in the requested country's laws, and the latter must inform the requesting State. Time limit runs from the date when the State requested accepts the request to implement legal proceedings. Article 9 If the requesting State informed of the decision to submit a request to implement legal proceedings, the requested State may apply temporary measures, including detention, the application of which would be allowed under the law if the offence for which the proceedings would be put in its own territory. If the requesting State informed of the decision to submit a request to pursue the proceedings and if the requested State jurisdiction based only on article 4, the requested State in accordance with this agreement may apply the security measures at the request of the requesting State. In addition, the requested State may not suspect the arrest, except where (a)) of the requesting State and the laws of the requested State permits arrest for the offence and b) it is of concern that a suspect person might avoid investigation and court or interfere with ascertaining the truth. With regard to the application of the security features of the applicant State the requested State shall submit the necessary documents, using any appropriate means which provides a written record. Signature or when depositing its instrument of ratification, acceptance or approval, a Member State may specify in the Declaration the third part of this article documents that it requires to submit in connection with the arrest, as well as the time-limit within which to submit the request to put the proceedings and documents referred to in article 12. Article 10 the requested State shall inform the requesting State of the termination of the proceedings, as well as any decisions taken, finally proceeding, including whether, in accordance with the laws of the requested State, such ruling is an obstacle for further proceedings. At the request of the requesting State, it shall send a written copy of the ruling. Article 11 Penalties provided for the offence, there must be certain of the requested State, unless the law provides otherwise. If the jurisdiction of the requested State shall be based only on article 4, then the penalty imposed in this country may not be more severe than the punishment provided for the applicant in national law. Article 12 request to implement a litigation shall be made in writing and shall be accompanied by: (a) the material of the original criminal matters) or a certified copy of a statement of the facts of the case and, where appropriate, other relevant documents; (b)) a copy of the relevant legislation, or, if this is not possible, a reference to the relevant legislation. The requesting State shall inform the requested State of any procedural steps or measures taken in the requesting State, upon request, and which might affect the proceedings. This information shall be supplemented by any relevant documents. Article 13 deliverables documents of the applicant shall be prepared in the national language or in one of its official languages. Any Member State may, by declaration reserve the right to ask to have 9 or 12 concerned referred to in article documents are translated into the national language or in one of its official languages. Other Member States may apply the principle of reciprocity. 1. Article 14 exchange of requests to put the proceedings and all relevant notifications occurs between the requesting State and the Ministry of Justice of the requested State at the request of the Ministry of Justice. 2. on the basis of special agreements or, if absent, in urgent cases, requests for relevant documents and can send and receive directly the requesting State and the requested State judicial authorities. 3. in urgent cases, as well as under special arrangements to implement the proceedings and request the relevant documents shall be sent to the international criminal police organisation (Interpol) or by any other appropriate means of communication that provides a written record, including the telekopij. 4. As set out in the second and third subparagraphs, of those copies of documents sent in the requested State, unless the Ministry of Justice this country has not declared that the dispatch is needed. 5. the shipment may also use diplomatic channels. Article 15 1. Relations between the Member States which are Contracting Parties to the European Convention on mutual assistance in criminal matters, which was signed in Strasbourg, on 20 April 1959, and the European Convention on the transfer of proceedings in criminal matters concluded in Strasbourg, 15 May 1972, as well as the Benelux Treaty on extradition and mutual assistance in criminal matters, concluded at Brussels, 27 June 1962 and the Treaty on the transfer of proceedings, 11 May 1974 in Brussels between the Kingdom of Belgium Grand Duchy of Luxembourg and the Kingdom of the Netherlands, this Agreement shall apply only in so far as it supplements these agreements or contribute to the implementation of the principles contained therein. 2. this Agreement supersedes the previous bilateral agreements regulating the same matter in relations between any two Member States. However, these Member States may mutually agree that maintaining some of the provisions of bilateral agreements. 16. Article 1. this agreement may be signed by the Member States. To be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Republic of Italy. 2. This agreement shall enter into force 90 days after the date of deposit of instruments of ratification, acceptance or approval is deposited in all countries that are Member States of the European communities on the day when this agreement is open for signature. 3. Each Member State shall, when depositing its instrument of ratification, acceptance or approval or at any time after the date of entry into force of the agreement, you can declare that this agreement is applicable to this country in its relations with other Member States, which have declared the same 90 days after the deposit of such declaration. 4. Member States which have not submitted the following declaration, the agreement can be applied to the remaining Contracting States, on the basis of bilateral agreements. 5. the Ministry of Foreign Affairs of the Republic of Italy shall inform Member States of all subscription, deposit or statements. Article 17 of this Agreement shall be open to any State that becomes a Member State of the European communities. Instruments of accession shall be deposited with the Ministry of Foreign Affairs of the Republic of Italy. States which accede to this agreement, it shall enter into force 90 days after the deposit of the instrument of accession. Ministry of Foreign Affairs of the Republic of Italy, the Governments of the Member States transmit certified copies.