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Law No. 106 Of 16 June 1999 On The Ratification Of The Treaty On Mutual Legal Assistance In Criminal Matters Between Romania And Canada, Signed In Ottawa On 25 May 1998

Original Language Title:  LEGE nr. 106 din 16 iunie 1999 pentru ratificarea Tratatului privind asistenţa judiciară reciprocă în materie penală dintre România şi Canada, semnat la Ottawa la 25 mai 1998

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LEGE no. 106 106 of 16 June 1999 for the ratification of the Treaty on Mutual Assistance in Criminal Matters between Romania and Canada, signed in Ottawa on 25 May 1998
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 284 284 of 21 June 1999



The Romanian Parliament adopts this law + Article 1 The Treaty on Mutual Assistance in Criminal Matters between Romania and Canada, signed in Ottawa on 25 May 1998, is ratified. + Article 2 The expenses related to the activities related to the provision of judicial assistance in criminal matters will be borne in accordance with the legal provisions This law was adopted by the Senate at the meeting of April 13, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of May 10, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, PAULA IVANESCU + TREATY on mutual legal assistance in criminal matters between Romania and Canada Romania and Canada, hereinafter referred to as Contracting Parties, wishing to improve the effectiveness of both countries in the investigation, prosecution and repression of crimes through cooperation and judicial assistance in criminal matters, have agreed the following: + Part I General provisions + Article 1 Obligation to grant mutual legal assistance (. The Contracting Parties shall, as far as possible, grant judicial assistance in criminal matters in accordance with the provisions of this Treaty. (. Legal aid shall mean any assistance granted by the requested State in respect of investigations and proceedings in criminal matters, carried out in the requesting State, whether the assistance is requested or granted by a court of law. or by another competent authority. (3) Criminal matter means, for Romania, investigations and proceedings relating to any offence provided by the Romanian law and to Canada, investigations or proceedings relating to any offence provided by a law of the Parliament or of the body Legislator of a province. (4) The criminal matter also includes investigations or proceedings relating to offences to laws of a tax, tariff and customs nature. (. Legal aid shall include: a) localization and identification of persons and objects; b) communication of documents, including those requesting the presence of persons at trial; c) provision of information, files and documents; d) supply of objects, including the borrowing of samples; e) the search, the erection of objects and their preservation; f) obtaining testimonies and statements; g) authorization of the presence of persons from the requesting State h) the making available of arrested persons, to give statements or to participate in investigations; i) facilitating the presence of witnesses or assisting persons in investigations; j) taking measures to locate, retain and confiscate the products obtained from the commission of criminal acts; k) the granting of any other assistance under the objectives of this Treaty. + Article 2 Application of (1) Applications for assistance shall be promptly executed, in accordance with the law of the requested State and, if this law does not prohibit, in the manner specified by the requesting State. (. On request, the requested State shall inform the requesting State of the date and place of execution of the request for assistance (3) The requested State cannot invoke the banking secrecy in order to refuse the execution of an application. + Article 3 Refusal or postponement of assistance (. The assistance may be refused if: a) in the opinion of the requested State the execution of the application would prejudice the sovereignty, security, public order, essential public interest; b) there are sufficient grounds for the requested State to consider that satisfying the request would facilitate the pursuit or imposition of sanctions on the person to whom the request relates, on the grounds of race, religion, nationality or political opinion; or c) the offence is qualified by the requested State as an exclusively military offence. (. The assistance may be deferred if the execution of the application would prevent an ongoing investigation or prosecution in the requested State. (. The requested State shall inform the requesting State without delay of its decision not to comply, in whole or in part, with a request for assistance or to defer its execution, and shall also provide the reasons for it. (. Before refusing a request for assistance or before postponing the execution of the application, the requested State shall decide whether the assistance may be granted subject to conditions it deems necessary. If the requesting State accepts this conditional assistance, then it will have to comply with those conditions. + Part II Specific provisions + Article 4 Location and identification of persons The competent authorities of the requested State shall take all necessary measures to find and identify the persons and objects specified in the application. + Article 5 Document communication (1) The requested State shall notify any document sent to it for communication. (. The requesting State shall submit the application for the communication of a document which relates to an answer or a declaration to be made in the requesting State within a reasonable time before the date provided for the reply or the taking of the declaration. (. The requested State shall return proof of communication, if possible, in the manner required by the requesting State. + Article 6 Provision of information, documents, files and objects (1) The requested State shall provide copies of the information, documents or files in possession of ministries or other public authorities and which are available to the public. (2) The requested State may provide any information, documents, files and objects in the possession of ministries or other public authorities, which are not available to the public, to the same extent and under the same conditions as if they were made available to its own authorities dealing with the enforcement of the law or judicial authorities. (. The requested State may provide certified copies of these dossiers and documents, if the requesting State does not expressly request their originals. (. Documents, files or original objects supplied to the requesting State shall be returned, upon request, to the requested State as soon as possible. (5) In so far as the law of the requested State does not prohibit, the documents, files or objects will be provided in the form indicated in the application or will be accompanied by the legalization required by the requesting State, in order to admit them as evidence in process, according to the law of the requesting State + Article 7 The search, the erection of objects and the freezing (1) The requested State shall execute a request for search, removal of objects and freezing. (2) The competent authority executing the request for search, lifting of objects and freezing shall provide that information which may be required by the requesting State, which refers, inter alia, to the identity, state, integrity and the continuity of the holding of documents or retained objects and the conditions for their preservation. + Article 8 Obtaining testimonies and depositions in the requested state (1) The person requested to testify or provide documents, files or objects in the requested State will be coerced, if necessary by issuing a subpoena or ordinance, to appear before the court, to testify and to provide documents, files or objects requested, in accordance with the law of the requested State (2) Within the limit allowed by the law of the requested state, the authorities or other persons of the requesting state, specified in the application, will be able to be present at the execution of the application and participate in proceedings in the requested (3) The right to participate in proceedings will also include the right of any person present to ask questions. Persons present at the execution of a request will be able to make the textual transcription of the procedures and use the necessary technical means for this purpose. + Article 9 Presence of persons in the application Within the limit allowed by the law of the requested State, the authorities or other persons specified in the application may be authorized to be present at its execution. + Article 10 Making available to the requesting State the persons arrested, in order to submit testimony or to participate in investigations (1) A person held in the requested State shall, upon request, be temporarily transferred to the requesting State to participate in inquiries or to testify, provided that they give their consent to that effect. (2) If the transferred person is requested to be kept in custody according to the law of the requested state, the requesting state shall keep that person in custody and shall submit it to the requested state after the execution of the request. (3) If the sentence of the transferred person expires or when the requested State notifies the requesting State that it is no longer necessary for the person to be kept in custody, it shall be released and be treated as a the person who is present in the requesting State, following an application for its presence. + Article 11 Submission of testimony or participation in enquiries in the requesting State The requested State shall, upon request, invite a person to participate in an investigation or to appear as a witness in the requesting State and seek to obtain its consent. The requesting State shall inform, in application, the person concerned about the expenses and allowances payable. + Article 12 Safety measures (1) Subject to art. 10 paragraph (2), any person present in the requesting State as a result of an application for this purpose shall not be able to be pursued, held or subject to any restrictions of individual freedom in that State, for acts prior to his departure from the requested State, nor will it be required to submit any testimony in a proceeding other than that to which the request relates. (2) The provisions of paragraph (1) of this article shall not apply if the person, being free to leave the requesting State, does not make it within 30 days of the official receipt of the notice that his presence is no longer necessary or in the case that, after he left, he returned voluntarily. (. The person who does not appear in the requesting State shall not be subject to any sanctions or measures of coercion in the requested or requesting State. + Article 13 Goods from crime (1) The requested State shall seek to establish, upon request, whether the goods obtained from the commission of crimes are in its jurisdiction and shall notify the requesting State of the result of its research. (2) If, according to paragraph (1) of this article, goods suspected to have originated from the commission of crimes are identified, the requested state will take the measures allowed by its law, in order to block, retain or confiscation thereof. (3) The goods confiscated under this treaty shall be returned to the requested State, unless otherwise agreed. + Article 14 Compensation and fines The requested state will provide assistance, within the limit allowed by its law, to compensate victims of crimes and to collect fines imposed as sentence in a criminal trial. + Part III Procedure + Article 15 Application content (. In all cases requests for assistance shall indicate: a) the competent authority leading the investigation or the application procedure; b) the nature of the investigation or procedure, as well as a summary of the facts and a copy of the applicable laws; c) the reason for the request and the nature d) the degree of confidentiality requested and the reasons justifying it; e) the period of application. (. In the following cases, requests for assistance shall include: a) in the case of requests for statements, search and detention or location, detention or confiscation of assets obtained from the commission of crimes, an exposure of the reasons why it is believed that the evidence or the goods can be found in requested State; b) in the case of requests for declarations, clarifications regarding the need to obtain the declaration under oath or confirmation in writing and a description of the subject that is requested to be stated in the declaration; c) in the case of borrowing of evidence, their location in the requested state, the indication of the person or persons who will have the evidence in custody in the requesting state, the place where the respective samples will be moved, any tests to be made and the date on which the samples will be returned; d) in the case of a request for the making available to the requesting state of detainees, the indication of the person or persons who will have custody during the transfer, the place where the detainee is to be transferred and the date of his return. (. If possible, requests for assistance shall include: a) the identity and nationality of the persons subject to the investigation or of the proceedings and the place of their whereabouts; b) details of any special procedure that the requesting State wishes to be followed, as well as its reasons. ((4) If the requested State considers that the information contained in the application is not sufficient for the application to be executed, then it may request additional information. (5) The application will be made in writing. In urgent cases, the application may be made orally, but will be confirmed in writing as soon as possible. + Article 16 Central authorities Under the terms of this Treaty, all requests and answers to them will be sent and received by the central authorities, who will communicate directly with each other. The central authority, for Romania, will be the minister of justice; the central authority, for Canada, will be the minister of justice or the officials he designates. + Article 17 Confidentiality (. The requested State may, after consulting the requesting State, require that the information or evidence provided or the source of such information or evidence be kept secret or be disclosed or used only under the conditions specified therein. (. The requested State, in so far as it is required, shall protect the confidential nature of the application, its content, the annexed documents and any action taken as a result of the application, in order to enable it to be carried out. If the application cannot be executed without violating the condition of confidentiality, the requested State shall duly inform the requesting State before the application is executed and the requesting State will decide whether the application will be However executed. + Article 18 Limitation of information The requesting State shall not disclose or use the information or evidence provided for purposes other than those mentioned in the application without the prior consent of the central authority of the requested State. + Article 19 Authentication Documents, files or objects transmitted by virtue of this treaty do not require any form of authentication, except as referred to in art. 6. + Article 20 Language used for applications The applications and the attached documents shall be accompanied by a translation in one of the official languages of the requested State. + Article 21 Expenditure (. The requested State shall bear the necessary expenses for the execution of the request for assistance, except for the following expenditure which is the responsibility of the requesting a) the expenditure relating to the transport of any person to or from the territory of the requested State, at the request of the requesting State, and the allowances to be paid to that person when he is in the Requests made under the conditions of 10 10 or 11; b) the fees and expenses of the experts they have carried out either in the requested State or in the requesting State; c) expenses of translation, interpretation and transcription. ((. Where the execution of the application is deemed to require expenditure of a particular nature, the Contracting Parties shall consult each other in order to determine the modalities and conditions under which the requested assistance may be granted. + Part IV Final provisions + Article 22 Other forms of assistance This treaty will not derogate from existing obligations between the contracting parties under other treaties or agreements, nor will it stop the contracting parties from granting or continuing to assist each other according to other treaties or Deals. + Article 23 Consultations The Contracting Parties shall promptly consult each other on the interpretation and application of this Treaty. + Article 24 Entry into force and termination of the (. This Treaty shall enter into force on the date of the last notification by which the Contracting Parties communicate to each other that the legal requirements of each of them have been fulfilled. (. This Treaty shall apply to all applications submitted after the date of its entry into force, even if the facts or omissions concerned have been committed before that date. (. Each Contracting Party may terminate the application of this Treaty. The denunciation shall take effect one year after the date of notification of the other Contracting Party. Law that undersigned, duly authorized, signed this treaty. Signed in Ottawa on 25 May 1998, in two original copies, each in Romanian, English and French, all texts having the same value. For Romania, Andrei Plesu For Canada, Lloyd Axworthy ------------