The Saeima has adopted and the President promulgated the following laws: On the Council of Europe Convention on mutual assistance in criminal matters and its additional protocol, article 1. 20 April 1959 Council of Europe Convention No 30 on mutual assistance in criminal matters (hereinafter the Convention) and its 17 March 1978 additional Protocol No. 99 (hereinafter Additional Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention and the additional protocol in English and their translation into Latvian language. 3. article. With regard to article 3 of the Convention paragraph 2 to establish that a witness or expert testimony on oath of the approval within the meaning of the Convention, the Republic of Latvia is comparable to a witness or an expert to warn about criminal liability for refusal to give testimony or false testimony. 4. article. In accordance with article 15 of the Convention paragraph 6 to provide that requests for mutual assistance in criminal matters in the Republic of Latvia receives and sends the following State institutions: 1) the Ministry of Internal Affairs, during the pre-trial investigation stage to the initiation of a prosecution;
2) — the Prosecutor the pre-trial investigation stage until things to send to court;
3) Ministry of justice — the hearing stage. 5. article. In accordance with article 16 of the Convention paragraph 2 to establish that the request addressed to the Republic of Latvia and the attached documents are to be sent along with the English translation. 6. article. In accordance with article 24 of the Convention stipulate that in the Republic of Latvia on the judicial bodies are to be regarded as courts, public prosecutor's Office and the police. 7. article. The Convention shall enter into force on its article 27 for the period specified in the order and of the additional protocol and — article 5 within the time and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 24 March 1997. The President g. Ulmanis in Riga, the 1997 European Convention on 9 April, the Mutual assistance in Criminal matters preamble the Governments signatory of the heret, being members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve greater unity among its members; Believing that the adoption of common rules in the field of mutual assistance in criminal matters will contribute to the attainmen of this aim; Considering that such mutual assistance is related to the question of extradition, which has already formed the subject of a Convention signed on 13th December 1957, have agreed as follows: Chapter I-General provision Article 1 1. The Contracting Parties to afford each other, undertak 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. Article 2 may be refused: (a) assistance) if the request concerns an offenc of which the requested Party consider a political, an offenc offenc is connected with a political or fiscal offenc offenc, a.; (b) if the requested Party) consider that execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential interests of its country. Chapter II: the letters rogatory article 3 1. The requested Party shall execute in the manner provided for by its law any letters rogatory relating to a criminal matter and addressed to it by the judicial authorities of the requesting Party for the purpose of procuring evidence or transmitting articles to be produced in evidence, records or documents. 2. If the requesting Party's witness nasty or experts to give evidence on oaths, it shall expressly so request and the requested Party shall, comply with the request if the law of a country it does not prohibi it. 3. The requested Party may transmit certified or certified you cop to cop to photost of records or documents requested, unless the requesting Party expressly requests the transmission of the original, in which case the requested Party shall make every effort to comply with the request. Article 4 On the express request of the requesting Party, the requested Party shall state the date and place of execution of the letters rogatory. Interested persons may and officials be present if the requested Party consent. Article 5 1. Any Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Convention or depositing its instrument of ratification or accession, reserve the right to make the execution of letters rogatory for search or chicken pox vaccine and of property dependent on one or more of the following conditions: (a)) that the offenc is motivating the letters rogatory is a punishabl under both the law of the requesting Party and the law of the requested Party; (b)) that the offenc is motivating the letters rogatory is an extraditabl of the offenc in the requested country; (c) the execution of) that the letters rogatory is consistent with the law of the requested Party. 2. Where a Contracting Party makes a declaration in accordanc with paragraph 1 of this article, any other Party may apply reciprocity. Article 6 1. The requested Party may delay the handing over of any property, records or documents requested, if it requires the said property, records or documents in connection with pending criminal proceedings. 2. Any property, as well as original records or documents, handed over in execution of letters rogatory shall be returned by the requesting Party to the requested Party as soon as possible unless the latter Party of the return thereof waiv. Chapter III — service of write and records of judicial verdict: the appearance of the witness, experts and prosecuted persons article 7 1. The requested Party shall effect service of write and record of judicial verdict in which the transmitted to it for this purpose by the requesting Party. Service may be effected by simple transmission of the writ or record to the person to be served. If the requesting Party expressly so requests, service shall be effected by the requested Party in the manner provided for the service of analogous documents under its own of law or in a special manner consistent with such law. 2. Proof of service shall be given by means of a receipt dated and signed by the person served or by means of a declaration made by the requested Party that service has been effected and stating the form and date of such service. One or other of these documents shall be sent immediately to the requesting Party. The requested Party shall, if the requesting Party so requests, State service has been effected whethers in accordanc with the law of the requested Party. If service cannot be effected, the reasons shall be communicated immediately by the requested Party to the requesting Party. 3. Any Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Convention or depositing its instrument of ratification or accession, request that service of a summon on an accused person who is in its territory be transmitted to its authorities by a certain time before the date set for appearance. This time shall be specified in the aforesaid declaration and shall not exceeds 100 50 days. This time shall be taken into account when the date of appearance is being fixed and when the summon is being transmitted. Article 8 (A) A witness or expert who has failed to answer a summon to appear, service of which has been requested, shall not, even if the summon of a notice of penalty contains, be subjected to any punishment or measure of forthcoming, unless subsequently he voluntarily to enter the territory of the requesting Party and is there again duly summoned. Article 9 the allowance, including subsistenc, to be paid and the expense of travelling to be refunded to a witness or expert by the requesting Party shall be calculated as from his place of residence and shall be at rates at least equal to those provided for in the scales and rules in force in the country where the hearing is intended to take place. Article 10 1. If the requesting Party consider the personal appearance of a witness or expert before its judicial authorities especially cessary, not it shall so mention in its request for service of the summon and the requested Party shall invite the witness or expert to appear. The requested Party shall inform the requesting Party of the reply of the witness or expert. 2. In the case provided for under paragraph 1 of this article the request or the will shall summon the allowance of approximat indicates the payable and the travelling and the expense of refundable subsistenc. 3. If a specific request is made, the requested Party may grant the witness or expert an advance. The amount of the advance shall be endorsed on the summon and shall be refunded by the requesting Party. Article 11 1 A person in custody whose personal appearance as a witness or for the purpose of confrontations is applied for by the requesting Party shall be transferred to the OK territory where the hearing is intended to take place, provided that he shall be sent back within the period stipulated by the requested Party and subject to the provision of article 12 in so far as these with applicable. Transfer may be refused: (a) if the person in custody) does not consent, (b)) if his presence is not at criminal proceedings pending cessary in the territory of the requested Party, c) if transfer is liabl to prolong his detention, or (d)) if there are other overriding grounds for not transferring him to the territory of the requesting Party. 2. Subject to the provision of article 2, in a case coming within the immediately preceding paragraph, the transit of the person in custody through the territory of a third State, Party to this Convention, 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 Contracting 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 release. Article 12 1. A witness or expert, whatever his nationality, appearing on (a) summon before the judicial authorities of the requesting Party shall not be prosecuted or detained or subjected to any other restriction of his personal liberty in the territory of that Party in respect of acts or convictions anterior to his departure from the territory of the requested Party. 2. A person, whatever his nationality, summoned before the judicial authorities of the requesting Party to answer for acts forming the subject of proceedings against him, shall not be prosecuted or detained or subjected to any other restriction of his personal liberty for acts or convictions anterior to his departure from the territory of the requested Party and not specified in the summon. 3. The immunity provided for in this article shall cease when the witness or expert or prosecuted person, having had for a period of fifteen consecutive days from the date when his presence is no longer required by the judicial authorities an opportunity of leaving, has not remained in the territory of the vertheles, or having left it, has returned. Chapter IV-Judicial records article 13 1 A requested Party shall communicate and information relating to extract from judicial records, requested from it by the judicial authorities of a Contracting Party and needed in a criminal matter, to the same the exten that these may be made available to its own judicial authorities in like case. 2. In any case other than that provided for in paragraph 1 of this article the request shall be complied with in accordanc with the conditions provided for by the law, regulations or practice of the requested Party. Chapter V — procedure article 14 1. Requests for mutual assistance shall: (a) indicates as follows) the authority making the request, (b)), the object of and the reason for the request, c) where possible, the identity and the nationality of the person concerned, and (d)) where not cessary, the name and address of the person to be served. 2. Letters rogatory referred to in articles 3, 4 and 5 shall, in addition, state the offenc and contains a summary of the facts. Article 15 1 letters rogatory referred to in. Articles 3, 4 and 5 as well as the applications referred to in article 11 shall 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. 2. In case of urgency, letters rogatory may be addressed directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party. They shall be returned together with the relevant documents through the channels stipulated in paragraph 1 of this article. 3. Requests provided for in paragraph 1 of article 13 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 shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party. 4. Requests for mutual assistance, other than those provided for in paragraphs 1 and 3 of this article and, in particular, requests for investigation preliminary to prosecution, may be communicated directly between the judicial authorities. 5. In cases where direct transmission is permitted under this Convention, it may take place through the International Criminal Police Organisation (Interpol). 6. (A) A Contracting Party may, when signing this Convention or depositing its instrument of ratification or accession, by a declaration addressed to the Secretary General of the Council of Europe, give notice that some or all requests for assistance shall be sent to it through channels other than those provided for in this article, or require that, in a case provided for in paragraph 2 of this article a copy of the letters rogatory shall be transmitted at the same time to its Ministry of Justice. 7. The provision of this article shall be without prejudice to those of bilateral agreements or arrangements in force between Contracting Parties which provide for the direct transmission of requests for assistance between their respectiv of authorities. Article 16 1. Subject to paragraph 2 of this article, translations of requests and annexed documents shall not be required. 2. Each Contracting Party may, when signing or depositing its instrument of ratification or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, reserve the right to stipulat that requests and annexed documents shall be accompanied by (a) addressed it in translation into its own language or into either of the official languages of the Council of Europe or into one of the latter languages , specified by it. The other Contracting Parties may apply reciprocity. 3. This article is without prejudice to the provision concerning the translation of the requests or annexed documents led in the agreements or arrangements in force or to be made between two or more Contracting Parties. Article 17 evidence or documents transmitted to this Convention shall pursuan not require any form of authentication. Article 18 where the authority which receive a request for mutual assistance from their jurisdiction comply therewith has, it shall, ex officio, transmit the request to the competent authority of its country and shall so inform the requesting Party through the direct channel, if the request has been addressed through such channels. Article 19 shall be given for any Reason for a refusal of mutual assistance. Article 20 subject to the provision of article 10, paragraph 3, execution of requests for mutual assistance shall not entail refunding of expense except to those of incurred by the attendance of experts in the territory of the requested Party or the transfer of a person in custody carried out under article 11. Chapter VI Laying of information in connection with, proceedings article 21 1. Information passed by one Contracting Party with a view to proceedings in the courts of another Party shall be transmitted between the ministries of Justice concerned Contracting availa ... unless a Party in itself of the option provided for in paragraph 6 of article 15.2. The requested Party shall notify the requesting Party of any action taken on such information and shall forward a copy of the record of any verdict pronounced. 3. The provision of article 16 shall apply to information falling under paragraph 1 of this article. Chapter VII — exchange of information from judicial records article 22 Each Contracting Party shall notify any other Party of all criminal convictions and subsequent measure in respect of nationals of the latter Party, entered in the judicial records. To the Minister of Justice shall communicate such information to one another at least once a year. Where the person concerned is considered a national of two or more other Contracting Parties, the information shall be given to each of these parties, unless the person is a national of the Party in the territory of which he was convicted. Chapter VIII — Final provision Article 23 1 Any Contracting Party may, when. signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or a provision of the Convention. 2. Any Contracting Party which has made a reservation shall withdraw it as soon as circumstanc's permit. Such withdrawals shall be made by notification to the Secretary General of the Council of Europe. 3. A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision. Article 24 (A) Contracting Party may, when signing the Convention or depositing its instrument of ratification or accession, by 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. Article 25 1 this Convention shall apply. to the metropolitan territories of the Contracting Parties. 2. In respect of France, it shall also apply to Algeria and to the overseas departments, and, in respect of Italy, it shall also apply to the territory of Somaliland under Italian administration. 3. The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary General of the Council of Europe. 4. In respect of the Kingdom of the Netherlands, the Convention shall apply to its European territory. The Netherlands may extend the application of this Convention to the Netherlands Antilles, Surinam and Netherlands New Guinea by notice addressed to the Secretary General of the Council of Europe. 5. By direct through the between two or more Contracting Parties and subject to the condition laid down in the through, the application of this Convention may be extended to any territory, other than the Territories mentioned in paragraphs 1, 2, 3 and 4 of this article, of one of these parties, for the international relations of which any such Party is responsible. Article 26 1. Subject to the provision of article 15, paragraph 7, and article 16, paragraph 3, this Convention shall, in respect of those countries to which it applies, the provision of supersed any treats, convention or bilateral agreements of mutual assistance in criminal matters each between any two Contracting Parties. 2. This Convention shall not be an obligation incurred under affec the terms of any other bilateral or international convention which contains the multilaterals or may contain each specific aspects of the services of mutual assistance in a given field. 3. The Contracting Parties may conclud between themselves bilateral or mutual agreements on multilaterals assistance in criminal matters only in order to supplement the provision of this Convention or to the applications facilitat of the principles therein led. 4. Where, as between two or more Contracting Parties, mutual assistance in criminal matters is practised on the basis of uniform legislation or of a special system providing for the reciprocal application in the territories of their respectiv measure of mutual assistance, these parties shall, notwithstanding the provision of this Convention, be free to regulat is their mutual relations in this field exclusively in accordanc with such legislation or system. Contracting Parties which, in accordanc with this paragraph, exclude as between themselves the application of this Convention shall notify the Secretary General of the Council of Europe accordingly. Article 27 1. This Convention shall be open to signature by the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary General of the Council. 2. The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification. 3. any signatory ratifying subsequently As regards the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification. Article 28 1. The Committee of Minister of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation to obtain the unanimous agreement of the members of the Council who have ratified the Convention. 2. Accession shall be by deposit with the Secretary General of the Council of an instrument of accession which shall take effect 90 days after the date of its deposit. Any Contracting Party may 29 article in denounc this Convention in so far as it is concerned by giving notice to the Secretary General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary General of the Council received such notification. Article 30 the Secretary General of the Council of Europe shall notify the members of the Council and the Government of any State which has acceded to this Convention of: (a)) the names of the signator and the deposit of any instrument of ratification or accession; (b) the date of entry) into force of this Convention; (c) any notification received in accordanc) with the provision of article 5, paragraph 1, article 7, paragraph 3, article 15, paragraph 6, article 16, paragraph 2, article 24, article 25, paragraphs 3 and 4, article 26, paragraph 4; d) any reservation made in accordanc with article 23, paragraph 1; (e) the attention of any reservation) in accordanc with article 23, paragraph 2; (f) any notification of denunciation received in) in accordanc with the provision of article 29 and the date on which such denunciation will take effect. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Strasbourg, this 20th day of April 1959, in English and French, both texts being equally authoritativ, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to the signatory and acceding Governments.

Additional Protocol to the European Convention on Mutual assistance in Criminal Matters in the member States of the Council of Europe, signatory to this Protocol, facilitating the application of Desiro of the European Convention on Mutual assistance in Criminal matters opened for signature in Strasbourg on 20th April 1959 (hereinafter referred to as "he" Convention ") in the field of fiscal offenc; Considering it also desirabl to supplement the Convention in certain others respect, have agreed as follows: Chapter I article 1 the Contracting Parties shall not exercise the right provided for in article 2 (a) of the Convention of the refus assistance solely on the ground that the request concerns an offenc of which the requested Party consider a fiscal offenc. Article 2 1. In the case where a Contracting Party has made the execution of letters rogatory for search or chicken pox vaccine and of property dependent on the condition that the offenc is motivating the letters rogatory is a punishabl under both the law of the requesting Party and the law of the requested Party, this condition shall be fulfilled, as regards fiscal offenc, if the punishabl of the offenc is under the law of the requesting Party and correspond to an offenc of the same nature under the the law of the requested Party. 2. The request may not be refused on the ground that the law of the requested Party does not impost is the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the law of the requesting Party. Chapter II article 3 of the Convention shall also apply to: (a)) the service of documents concerning the enforcement of a line, the recovery of a fine or the payment of costs of the proceedings; (b) the measure relating to the) suspension of pronouncemen of a line or of its enforcement, their conditional release, the defermen of the commencemen of the enforcement of a line or to the interruption of such enforcement. Chapter III article 4 article 22 of the Convention shall be supplemented by the following text, the original article 22 of the Convention becoming paragraph 1 and the below-mentioned provision becoming paragraph 2: "Furthermore, any Contracting Party 2, which has supplied the above-mentioned information shall communicate it to the Party concerned, on the latter's request in individual cases, a copy of the convictions and measure in question as well as any other information relevant in order to enable theret it too they do not consider any measure whethers cessitat's at the national level. This communication shall take place between the ministries of Justice concerned. " Chapter IV article 5 1 shall be open. this Protocol to signature by the member States of the Council of Europe which have signed the Convention. It shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. The Protocol shall enter into force 90 days after the date of the deposit of the third instrument of ratification, acceptance or approval. 3. In respect of a signatory State ratifying, accepting or approving subsequently, the Protocol shall enter into force 90 days after the date of the deposit of its instrument of ratification, acceptance or approval. 4. (A) member State of the Council of Europe may not ratify.â, accept or approve this Protocol without having, simultaneously or previously, ratified the Convention. Article 6 1. Any State which has acceded to the Convention may accede to this Protocol after the Protocol 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 which shall take effect 90 days after the date of its deposit. Article 7 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, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Protocol to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. 3. Any declaration made in pursuanc of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawals shall take effect six months after the date of receipt by the Secretary General of the Council of Europe of the notification. Article 8 1. Reservation made by a Contracting Party to a provision of the Convention 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 the declaration made by virtue of article 24 of the Convention. 2. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserve the right to: (a)) not to accept Chapter I, or to accept it only in respect of certain categories of the offenc or certain of the offenc referred to in of article I, or not to comply with letters rogatory for search or chicken pox vaccine and of property in respect of fiscal offenc; (b)) not to accept Chapter II; c) not to accept Chapter III. 3. Any Contracting Party may withdraw a declaration it has made in accordanc with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt. 4. A Contracting Party which has applied to this Protocol a reservation made in respect of a provision of the Convention or which has made a reservation in respect of a provision of this Protocol may not claim the application of that provision by another Contracting 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. 5. other reservations may be made to the provision of this Protocol. Article 9 the provision of this Protocol are without prejudice to more extensive regulations in bilateral or in agreements concluded between the multilaterals Contracting Parties in application of article 26, paragraph 3, of the Convention. Article 10 the European Committee on crime problems of the Council of Europe shall be informed regarding the application to the skipper of this Protocol and shall do whatever is not edful it a friendly settlement facilitat of any difficulty which may «arise out of its execution. Article 11 1. Any Contracting 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 take effect six months after the date of receipt by the Secretary General of such notification. 3. Denunciation of the Convention automatically entail denunciation of this Protocol. Article 12 the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the Convention of: a any signature) of this Protocol; b any deposit of an instrument) of ratification, acceptance, approval or accession; (c) any date of entry) into force of this Protocol in accordanc with articles 5 and 6; (d) any declaration received in pursuanc) of the provision of paragraphs 2 and 3 of article 7; (e) any declaration received in pursuanc) of the provision of paragraph 1 of article 8; f) any reservation made in pursuanc of the provision of paragraph 2 of article 8; (g) the attention of any reservation) carried out in pursuanc of the provision of paragraph 3 of article 8; (h) any notification received in pursuanc) of the provision of article 11 and the date on which denunciation takes effect. In witness whereof the undersigned, being duly authorised, have signed theret this Protocol. Done at Strasbourg, this 17th day of March 1978, in English and in French, both texts being equally authoritativ, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to it each of the signatory and acceding States.

The Council of Europe Convention on mutual assistance in criminal matters of the Council of Europe in the preamble to the Governments of the Member States which have signed this Convention, considering that the aim of the Council of Europe is to achieve greater unity between Member States, believing that the achievement of this objective will contribute to the adoption of common rules in relation to mutual assistance in criminal matters, considering that such mutual assistance is related to the question of extradition, for which has already been adopted in 1957, signed on 13 December in the Convention , have agreed to: (I) section. General provisions article 1 1. Contracting Parties shall, in accordance with the provisions of this Convention undertakes to provide each other with all possible assistance in procedural steps relating to offences for which the penalties are applied when assistance is requested by the requesting party agrees with judicial authorities ' jurisdiction. 2. this Convention does not apply in respect of custody or execution of, offences which are subject to military law, not subject to the general criminal law. Article 2 assistance may be refused if: a the request concerns an offence), which the requested Party considers a political offence for the offence, which is related to a political offence, or for offences of a financial nature; (b)) the requested Party considers that execution of the request may harm its sovereignty, security, public order or other essential interests. Chapter II. 3. the tasks of the Court article 1. the requested Party its legislative agenda is set to be executed in the requesting party's judicial authorities with criminal justice related tasks, the aim of which is to obtain evidence or to send objects which can be used as evidence, records or documents. 2. If the requesting party wants to witness or expert to give evidence, confirming its sworn, such requests must be clearly expressed, and the requested party must accept the request if the legislation does not prohibit it. 3. the requested Party may send the requested protocol or document certified copies or photocopies, unless the requesting party is not clearly made the request to send the original to it and in this case the requested party must do everything possible to comply with it. 4. Article receiving the requesting party's explicit request, the requested party must notify the Court of the place and date of execution. Officials be allowed and the presence of the person concerned, if the requested Party does not object. 1. Article 5, each Contracting Party when signing this Convention or depositing its instrument of ratification submitted or accession, may notify the Secretary General of the Council of Europe that it reserves the right to perform the tasks of the Court with respect to the property search and seizure only if one or more of the following conditions: (a)), which filed the court challenge is considered a crime in both the Requesting Party in accordance with the and in accordance with the legislation of the requested party's laws; (b)) the offence in respect of which a court challenge lodged is the offence for which the requested State may apply; (c) the task of the Court) comply with the law of the requested Party. 2. If a Contracting Party shall provide the notification under paragraph 1 of this article, any other party may apply the principle of reciprocity. 6. Article 1. the requested Party may postpone any property required, Protocol, or service, if such property or documents, it is necessary in the context of ongoing criminal proceedings. 2. The requesting party as soon as it is possible, must be returned to the requested Party, as well as the property of any protocol or the original document that referred to it using the task of the Court, unless the requested Party of them refuse. Chapter III. The Court ruling and the decision to issue the next — witnesses, experts and prosecuted persons article 7 attend 1. the requested party must issue a court order and next to the decisions it has transferred for that purpose the requesting party. The service can be performed, the ruling or decision to the next simply transferring the invited person. If the requesting party expressly requests, the requested Party shall be effected in the manner provided for in its legislation by analogy to the service, or in a special way which is not in conflict with it. 2. proof of service of the invited person serves signed and dated receipt or the requested party notice that service has taken place, indicating the date and type. One or the other of these documents is to be forwarded immediately to the requesting party. If the requesting party so requests, the requested Party shall communicate to it, or the service is effected pursuant to the legislation of the requested Party. If service is not possible, the requested Party shall immediately inform the requesting party, stating the reasons. 3. Any Contracting Party when signing this Convention or depositing its instrument of ratification submitted or accession, can submit a notification addressed to the Secretary General of the Council of Europe, in which it refers to a request for the issuance of the summons to the accused in its territory the person sent to the authorities for a certain time before the date of the court appearance. This period must be specified in that notice, and may not exceed 50 days. This period should be taken into account in determining the date of arrival and sending the summons. Article 8 a witness or an expert, not a reference to the arrival of the issue of the summons which has been requested may not be subjected to any punishment or restrictive feature, even if the warning summons for fine except when it later voluntarily enters the territory of the requesting party, which then in again is issued a subpoena. Article 9 the funds, including the witness or expert to be paid to the means of subsistence and reimbursable travel expenses to be borne by the requesting party, be calculated on the basis of their place of residence according to the rates which are at least equal to those rates, which are set under the existing rules and regulations of the country in which the trial is to take place. Article 10 1. If the requesting party considers that a witness or expert before the arrival of the judicial authorities is specifically required, then it must be specified in the request for the issue of the summons and the requested Party, in turn, is to ask for the witness or expert to attend. The requested Party shall inform the requesting party, witness or expert to answer. 2. in the case set out in paragraph 1 of this article, the request or summons is roughly indicate the payable funds and reimbursable travel and subsistence expenses. 3. If the request is submitted to a special, the requested Party may witness or expert for the advance payment. The size of the advance must be endorsed on the summons, and it is must pay for the requesting party. 1. Article 11 Imprisoned person whose appearance in court as a witness or for the purposes of konfrontēšan prayed requesting party, temporarily moved to the area in which the case is pending, provided that that person will be returned to the requested Party, and within the time limit set in accordance with the provisions of article 12, in so far as they are applicable. The transfer may be refused if: (a) the person is not detained) agrees; (b)) requires the presence of criminal proceedings that take place in the requested Party; c can extend to the move) this person's arrest or d) are other important reasons why it is not desirable for a person to the requesting party. 2. subject to the provisions of article 2, in the case covered by paragraph 1 of this article, the provisions of the imprisoned person transit through a third country that is a Contracting Party to this Convention, the territories should be permitted, if the requesting party to the Ministry of Justice shall submit to the Ministry of Justice of the party through whose territory transit is requested, the application, accompanied by all required documents. A Contracting Party may not allow transit of its citizens. 3. Move the person should remain in prison in the requesting party and, in the case of transit, also within the territory of the party through which transit is requested, unless the party to whom the transfer is requested, does not require that the person be released. Article 12 1. A witness or expert who is summoned to appear in accordance with the requesting party's judicial authorities, regardless of nationality, the requesting party may not be criminal to persecute or arrest, or subjected to any other restriction of personal liberty for offences or convictions before it izceļojus from the territory of the requested Party. 2. The Person called to appear in the requesting party's judicial authorities to answer for actions directed against it constitute the basis of proceedings, regardless of the nationality of the requesting party may not be criminal to persecute or arrest, or subjected to any other restriction on personal freedom are not declared in the summons or offence convictions that took place before its departure from the territory of the requested Party. 3. the immunity provided for in this article shall cease when the witness or expert, or the accused person, to which the following 15 days after judicial authorities no longer require its presence, has been able to travel, however, has remained in the national territory or has returned after leaving it. Chapter IV. Court Protocol to article 13 1. the requested party must send the excerpts and information from court Protocol, which it asked the Contracting Parties, judicial authorities and the criminal proceedings is required, the same amount as it ensure its judicial authorities in like case. 2. In any other case, except that which is laid down in paragraph 1 of this article, the request shall be executed in accordance with the requested party's laws, rules or practice. Chapter v. The procedure of article 14 1 the request for mutual assistance shall state: (a)) public authority making the request; (b) the request object and reasons); c) where possible, the identity of the person concerned and citizenship; d) if necessary, the persons invited name, surname and address. 2. the court orders, for 3, 4 and article 5, in addition to the offence must be specified and must be given a summary of the facts. Article 15 1. tasks, for 3, 4 and 5, as well as in article 11 provided for in article submissions to the Ministry of Justice of the requesting party must send the requested party to the Ministry of Justice. The response should be sent using the same channels. 2. in case of urgency, the requesting party's judicial authorities the Court's tasks can be sent directly to the requested party's judicial authorities. Answers together with the documents required to be sent by using the paragraph 1 of this article in specific channels. 3. Article 13, paragraph 1 of the proposed requests to the relevant judicial authorities can be sent directly to the relevant parties to the requested authorities, which in turn can send the answers directly. 13. in paragraph 2 of article requests under the Ministry of Justice of the requesting party must send the requested party to the Ministry of Justice. 4. Requests for mutual assistance, other than those provided for in paragraph 1 and in paragraph 3, in particular requests for previous investigations to the prosecution, the judicial authorities can send each other directly. 5. where this Convention allows to communicate directly, it can be done with the international criminal police organisation (Interpol). 6. the Contracting Party when signing this Convention or depositing its instrument of ratification submitted or accession, can submit a notification addressed to the Secretary General of the Council of Europe, in which it indicates that some or all of the requests for assistance are to be sent to it through other than as provided in this article, or require the channel to paragraph 2 of this article in the case provided for in the Court a copy of the task to be sent at the same time also the Ministry of Justice. 7. the provisions of this article shall in no way affect the in force between the Contracting Parties to existing bilateral agreements or agreements on the terms that determine the direct transmission of requests for assistance to the relevant authorities. 16. Article 1 in accordance with paragraph 2 of this article may not claim the request and the accompanying documents. 2. Any Contracting Party when signing this Convention or depositing its instrument of ratification submitted or accession, may notify the Secretary General of the Council of Europe that it reserves the right to determine that the request addressed to it and the attached documents are sent to this Contracting Party together with a translation into its own language or in any of the official Council of Europe languages, or in one of them, it pointed out. The other Contracting Parties may apply the principle of reciprocity. 3. Nothing in this article shall not affect the provisions on the request or the documents attached to the translations contained in contracts or agreements that are in force or to be concluded between two or more Contracting Parties. Article 17 evidence or documents that have been sent in accordance with this Convention, shall not be required to certify to the authenticity of any of its form. Article 18 If a request for mutual assistance is not received in the national jurisdiction, including, ex officio, the request will be transmitted to the competent authority and shall inform the requesting party through direct channels, if the request is transmitted through such channels. Article 19 Any refusal of mutual assistance must be motivated. Article 20 in accordance with paragraph 3 of article 10 provisions of mutual assistance requests is not associated with reimbursement, except for expenses incurred in connection with the stay of the requested Party or in connection with the movement of the person imprisoned, in accordance with article 11. Chapter VI. With court proceedings related to the provision of information article 21 1. Information provided by one Contracting Party in connection with the proceedings before the Court of the other Contracting Party, is passed to the Ministry of Justice of the countries concerned, unless a Contracting Party does not use article 15, paragraph 6, of the option provided for in. 2. the requested Party shall inform the requesting Party of any action taken in connection with such information, and need to send a copy of any ruling handed down. 3. the provisions of article 16 is applicable to the information provided under paragraph 1 of this article. Chapter VII. Exchange of information from judicial records article 22 any Contracting Party must inform the other Contracting Parties of each criminal conviction and all subsequent judicial protocols fixed activities with regard to their citizens. The Ministry of justice are to be exchanged with the following information at least once a year. If the person concerned is considered to be two or more Contracting Parties national, information must be provided for each of these parties, unless the person is not a national of the party in whose territory the sentenced. Chapter VIII. Final provisions article 23 1 any Contracting Party when signing this Convention or depositing its instrument of ratification submitted or accession, make a reservation in respect of any of the provisions of this Convention or the regulations. 2. Any Contracting Party which has made a reservation, it shall be withdrawn as soon as circumstances permit. Such withdrawal shall be made by submitting a notification to this effect to the Secretary General of the Council of Europe. 3. the Contracting Party which has made a reservation in respect of any of the provisions of this Convention, may not be required to comply with the other Contracting Party, except insofar as it itself has adopted it. Article 24 the Contracting Party when signing this Convention or depositing its instrument of ratification submitted or accession, can submit a notification addressed to the Secretary General of the Council of Europe, in which it sets out what the Authority considered judicial authorities within the meaning of this Convention. 25. Article 1 this Convention shall apply. The Contracting Parties ' metropolitan areas. 2. in the case of France, it is applicable for Algeria and the overseas departments, for Italy it is applicable to the territory of Somalia, which is in charge of Italy. 3. The Federal Republic of Germany may extend the application of this Convention in respect of the Berlin land, submit the notification addressed to the Secretary General of the Council of Europe. 4. as regards the Kingdom of the Netherlands Convention is applicable to its European territory. Netherlands may extend the application of the Convention in respect of the Netherlands Antilles, Surinam and Netherlands New Guinea, submitted a notification addressed to the Secretary General of the Council of Europe. 5. in accordance with two or more Contracting Parties to this agreement directly you can extend application of the Convention to any other territory of the parties, which is not mentioned in this article are 1, 2, 3, and 4, and for the international relations of which any such party is responsible. 26. Article 1 pursuant to article 15, paragraph 7, and article 16, paragraph 3, in relation to those countries for which this Convention is applicable, it is the highest legal force than any other treaty, Convention or bilateral agreement governing mutual assistance in criminal matters between any two Contracting Parties. 2. This Convention shall not affect obligations arising from any other bilateral or multilateral international conventions that contain or may contain provisions which regulate specific aspects of mutual assistance in a specific area. 3. the Contracting Parties may conclude between themselves bilateral or multilateral agreements on mutual assistance in criminal matters, only to supplement the provisions of this Convention or to facilitate the implementation of the principles contained therein. 4. If, between two or more Contracting Parties in mutual cooperation in criminal matters is being implemented to the uniform legislation, or special system database, which provides for mutual assistance in the implementation of measures within their territory, those parties, without taking into account the provisions of this Convention, shall be entitled to regulate relations in this area solely in accordance with the following provisions, or of such systems. Contracting Parties in accordance with this paragraph excludes the application of this Convention in their relations, to notify the Secretary-General of the Council of Europe. 27. Article 1 this Convention shall be open for signature the Member States of the Council of Europe. It is necessary to ratify. The ratification documents to be submitted for storage to the Secretary-General of the Council of Europe. 2. this Convention shall enter into force 90 days after the submission of the third instrument of ratification in store. 3. For each State that signed this Convention, but the Convention ratifies it later, shall enter into force 90 days after it filed its ratification documents in storage. 1. Article 28 of the Committee of Ministers of the Council of Europe may invite any non-Member State of the Council of Europe to accede to this Convention, if the decision containing such invitation, unanimously ratified this Convention agrees with the Member States of the Council of Europe. 2. such accession shall be effected by giving the Secretary-General of the Council of Europe an instrument of accession which shall take effect 90 days after its submission. 29. Article any Contracting Party may denounce this Convention in so far as it applies to that Contracting Party, by giving to the Secretary General of the Council of Europe. The denunciation shall take effect six months after the Secretary General of the Council of Europe has received such notification. Article 30 to the Secretary General of the Council of Europe shall inform the Member States of the Council of Europe and parties to this Convention: (a) the Government of each State) signed the Convention of each instrument of ratification or accession; (b)), the date on which the Convention enters into force; c) each notification received under article 5, paragraph 1, article 7, paragraph 3 of article 15, article 16, paragraph 2, article 24, article 25, paragraph 3 and 4, or article 26, paragraph 4; (d)), each reservation in accordance with paragraph 1 of article 23; e) each withdrawal of reservations in accordance with paragraph 2 of article 23; f) each of the notification of denunciation received in accordance with the provisions of article 29 and the date when such denunciation takes effect. Above, the Convention has been signed by the duly authorized it. Drawn up in Strasbourg on 20 April 1959, in English and French languages, both texts have equal legal force, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send certified copies to the Governments of all States which have signed this Convention or acceded thereto.

Additional Protocol to the Council of Europe Convention on mutual assistance in criminal matters between the Member States of the Council of Europe, signatories to this Protocol, desiring to promote in Strasbourg in 1959 April 20 open for signing the European Convention on mutual assistance in criminal matters (hereinafter referred to as the Convention) in the field of financial crime, believing the desirable to supplement the Convention in certain other respects, have agreed to: chapter I article 1 the Contracting Parties will not use the article 2 of the Convention provided for in subparagraph "a" right to refuse assistance solely that prejudice the offence which the requested Party considers a financial offence. Article 2 1. If a Contracting Party to carry out a search of the task and the removal of the links provided that the underlying offence is punishable in accordance with both the requesting party and the requested party law, the condition concerning financial offences considered to be satisfied if such offence is punishable in accordance with the legislation of the requesting party and meets a similar offence provided for by the legislation of the requested Party. 2. the Contracting Parties may refuse to execute a request on the grounds that the requested Party legislation does not provide for the same kind of tax or duty or that it is not the same kind of tax, duty, customs or change operation rule as the requesting party's legislation. Chapter II, article 3 of the Convention shall also apply: (a)) for the service of documents relating to the execution of the penalty, the recovery of the fine or costs payment; (b)) the measures relating to the delivery of the fine or the suspension of its execution, conditional release, execution or termination of the suspension. Chapter III, article 4 of the Convention, article 22, the following text is added, so the original article 22 of the Convention becoming paragraph 1, but following the rules of paragraph 2: "2. the Contracting Party which provided the above information, at the request of the other party in certain cases it must be forwarded to the criminal conviction of the judgment and reflective of the future document, and must provide a copy of any other relevant information, so as to enable it to consider the whether their measures are necessary at the national level. This communication takes place between the Ministry of Justice of the Contracting Parties. " Chapter IV article 5 1 this Protocol may be signed the Council of Europe Member States which have signed the Convention. It is necessary to ratify, accept or recognise. The instruments of ratification, acceptance or recognition of documents to be submitted to the Secretary-General of the Council of Europe. 2. the Protocol shall enter into force 90 days after submission of the third instrument of ratification, acceptance or recognition of the document. 3. in the case of a country that is signatory to this Protocol shall be subject to ratification, acceptance or recognition at a later date, it shall enter into force 90 days after the submission of its instrument of ratification, acceptance or recognition of the document. 4. the Member State of the Council of Europe may not ratify, accept or recognize this Protocol if at the same time or before it has not ratified the Convention. 6. Article 1. Any State which has acceded to the Convention, may accede to this Protocol after its entry into force. 2. such accession shall be effected by submitting to the Secretary-General of the Council of Europe an instrument of accession which shall take effect 90 days after its submission. 7. Article 1 any State signing or ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply. 2. Any State ratification, acceptance, approval or accession or at any later date, by appropriate notification to the Secretary-General of the Council of Europe, may extend this Protocol to any other territory or territories mentioned in the notification, and for whose international relations it is responsible or on whose behalf it is authorized to enter into commitments. 3. in accordance with the preceding paragraph made a statement with respect to any of these areas can be reversed, inform the Secretary General of the Council of Europe. Such withdrawal shall take effect six months after its receipt by the Secretary-General of the Council of Europe. 8. Article 1 of the State Reservation made with regard to the provisions of the Convention, are also applicable to the Protocol, unless at the time of signature or ratification, acceptance, approval or accession of the State concerned notifies otherwise. The same applies to statements that are provided in accordance with article 24 of the Convention. 2. Each State at the time of signature or when submitting its instrument of ratification, acceptance, approval or accession declare that it reserves the the right to: (a) not to accept Chapter I) or accept it only in respect of certain offences or certain categories of offences provided for in article 1, or not to execute the task to carry out a search or seizure of property for financial offences; (b)) not to accept Chapter II; (c)) not to accept Chapter III. 3. Any Contracting Party may withdraw in accordance with the preceding paragraph shall be submitted to the notice provided to the notification addressed to the Secretary General of the Council of Europe, which shall enter into force on the date of receipt. 4. the Contracting Party which this Protocol is applied in respect of provisions of the Convention, a reservation or a reservation made with regard to the provisions of this Protocol, may not be required to comply with other Contracting Parties, however, if this reservation is partial or conditional, that Contracting Party may require that the relevant rules to be respected, insofar as it itself has adopted it. 5. with regard to the provisions of this Protocol may be made to any of the other disclaimers. Article 9 the provisions of this Protocol shall not affect more specific rules laid down in accordance with article 26 of the Convention, paragraph 3 of the Contracting Parties to bilateral or multilateral treaties. Article 10 of the Council of Europe Committee of crime problems will be informed about the implementation of this Protocol and will do everything necessary to promote the maintenance of any problems during a friendly settlement. 11. Article 1 each Contracting Party shall, as far as it is concerned, denounce this Protocol by notification to this effect to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect six months after the date on which the Secretary-General received the notification. 3. denunciation of the Convention automatically entails denunciation of the Protocol. Article 12 the Secretary-General of the Council of Europe shall inform the Member States of the Council of Europe and any State party to the Convention of: (a) each signature of this Protocol); (b) any instrument of ratification), acceptance, approval or accession; (c)) date of entry into force of the Protocol in accordance with articles 5 and 6; d) each notification received under article 7 paragraph 2 and 3 of the rules; e) each notification received in accordance with paragraph 1 of article 8; f) each reservation made in accordance with paragraph 2 of article 8; g) each withdrawal of reservation made in accordance with article 8, paragraph 3; h) each notification received in accordance with the provisions of article 11, and the effective date of denunciation. Above, the Protocol has been signed by duly authorised persons. Drawn up in Strasbourg on 17 March 1978 in the English and French languages, both texts have equal legal force, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send a certified copy to each State that has signed this Protocol or acceded to it.