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 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 284 of 21 June 1999, the Romanian Parliament adopts this law.
Article 1 shall ratify the Treaty on mutual legal assistance in criminal matters between Romania and Canada, signed in Ottawa on 25 May 1998.
Article 2 expenditure on activities concerning judicial assistance in criminal matters will be handled in accordance with the legal provisions in force.
This law was adopted by the Senate at its meeting on 13 April 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting on 10 May 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU TREATY concerning mutual legal assistance in criminal matters between Canada and Romania Romania and Canada, hereinafter referred to as the Contracting Parties, desiring to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through court cooperation and judicial assistance in criminal matters, have agreed as follows: part I General provisions Article 1 obligation to grant mutual legal assistance (1) the Contracting Parties shall grant , as much as possible, legal assistance in criminal matters, in accordance with the provisions of this Treaty.
(2) Judicial Assistance means any kind of assistance by the requested State in respect of investigations and proceedings in criminal matters, held in the requesting State, irrespective of whether the assistance is sought or granted by a court or competent authority of another.
(3) criminal matters means, for Romania, investigations and proceedings relating to any offence provided by the Romanian law and for Canada, investigations or proceedings relating to any offence provided for by a law of Parliament or of the legislature of a province.
(4) a criminal Matter shall also include investigations or proceedings relating to offences against the laws of nature, the customs tariff and tax.
(5) legal assistance includes: (a) locating and identifying persons) and objects;
b) communication of documents, including those by requesting this persons to trial;
c) providing information, files and documents;
d) providing objects, including borrowing samples;
e) searches, picking up objects and their unavailability;
f) obtaining testimonies and statements;
g) authorisation this persons from the requesting State at the execution of requests;
h) making available individuals arrested, to give statements or to participate in the investigation;
I) facilitate this witness or assist persons in investigations;
j) taking measures to arrest and seizure localization, products obtained as a result of acts of authorities documents;
k) grant any other forms of assistance in accordance with the objectives of this Treaty.
Article 2 execution of requests (1) requests for assistance shall be executed promptly in accordance with the law of the requested State and where that law does not prohibit, in the manner specified by the requesting State.
(2) upon 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 may not invoke bank secrecy in order to refuse the execution of an application.
Article 3 Refusal or postponement of assistance (1) assistance may be refused if: a) in the opinion of the requested State the execution of the request would prejudice the sovereignty, security, public order, essential public interest;
(b) there are insufficient grounds for) the State requested to consider it as satisfying the claim would facilitate the pursuit or the imposition of sanctions on the person to whom the application relates, on the grounds of race, religion, nationality, political opinions and times; or c) the offence is qualified by the requested State as exclusively military offence.
(2) assistance may be delayed if the execution of the request would prevent an investigation or a prosecution in ongoing in requested State.
(3) the requested State shall inform the requesting State without delay about his decision not to comply in whole or in part, of an application for assistance, or to postpone its execution, giving the reasons for the contemplated.
(4) before refusing a request for assistance or before postponing the execution of the request, the requested State will decide whether assistance may be granted subject to such conditions as it considers necessary. If the requesting State accepts assistance conditional on it, then you have to comply with those conditions.
Part II specific provisions Article 4 location and identification of the competent authority of the requested State party shall take all necessary steps for finding and identifying persons and objects specified in the request.
Article 5 the communication documents (1) the requested State shall notify any document that was sent to communicate.
(2) the requesting State shall transmit a request for communication of a document relating to a response or statement which will take in the requesting State within a reasonable time before the date set for the response or statement.
(3) the requested State will return the proof of such communication, if possible, in the manner requested by the requesting State.
Article 6 provision of information, documents, files and objects (1) the requested State shall provide copies of the relevant records, documents or information in the possession of the ministries and 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 the ministries or other public authorities, which are not publicly available, to the same extent and under the same conditions as if they had provided their own authorities dealing with law enforcement or judicial authorities.
(3) the requested State may provide certified copies of these folders and documents in the event that the requesting State shall not require, explicitly, their originals.
(4) documents, records or objects provided to the requesting State's original will be returned, upon request, the requested State as soon as possible.
(5) insofar as the law of the requested State does not forbid, documents, records or objects shall be provided in the form indicated in the application or will be accompanied by legalization requested by the requesting State with a view to their acceptance as evidence in trial, in accordance with the law of the requesting State.
Article 7 Searches, picking up objects and the unavailability of (1) the requested State will execute a search warrant request, pick up objects and indisponibilizare.
(2) the competence of the Authority that execute the search warrant request, pick up objects and indisponibilizare will provide you with information that might be requested by the requesting State concerning, inter alia, the identity, condition, integrity and continuity of possession of the documents or objects that are retained, as well as the conditions of indisponibilizare.
Article 8 testimony and Getting depozitiilor in the requested State (1) a person requested to testify or provide documents, folders or objects in the requested State will be constrained, if necessary by issuing a subpoena or ordinances, to appear before the Court, to testify and provide documents, records or objects, in accordance with the law of the requested State.
(2) within the limits permitted by the law of the requested State, the authorities or other persons of the requesting State, as specified in the application, will be able to be present at the execution of the request and to participate in the proceedings in the requested State.
(3) the right to participate in the proceedings shall include the right of any person present to pose questions. Persons present at the execution of an application will be able to make verbatim transcript of the proceedings and to use technical means necessary for this purpose.
Article 9 Presence of persons at the execution of requests within the limits permitted by the law of the requested State, the authorities or other persons specified in the request may be authorised to be present at its execution.
Article 10 making available the requesting State of the person arrested, in order to submit testimonial or participate in investigations (1) a detained person in the requested State will, on request, be transferred temporarily in the requesting State in order to participate in the investigation or to testify, provided to give informed consent in this regard.
(2) where the person transferred is required to be kept in custody under the law of the requested State, the requesting State will keep the person in custody and shall submit the requested State after the execution of the request.
(3) where the person transferred the sentence expires or when the requested State shall notify the requesting State that is no longer needed as the person to be kept in custody, it will be offered for free and will be treated as a person present in the requesting State, following a request by which this was requested of it.
Article 11 witnesses or participating in investigations in the requesting State
The requested State shall invite, at their request, to participate in an investigation or to appear as a witness in the requesting State and will seek to obtain its agreement. The requesting State shall notify, in the application, the person about the expenses and allowances payable.
Article 12 (1) subject to article. 10 (2), any person present in the requesting State as a result of an application for this purpose will not be able to be traced, detained or subjected to any restriction of individual liberty in that State for previous acts of his departure from the requested State, nor will it be obliged to give evidence in a different procedure than that to which the application relates.
(2) the provisions of paragraph (1) of this article shall not apply where a person, being free to leave the requesting State, it does not within 30 days after receipt of this official reminder to is no longer needed or where, after he left, returned voluntarily.
(3) a person who fails to appear in the requesting State shall not be subjected to any sanction or measure of constraint in the requested State or the applicant.
Article 13 the goods derived from crime (1) the requested State will seek to establish, upon request, if the assets obtained from committing the crime are in its jurisdiction and shall notify the requesting State of the outcome.
(2) where, under paragraph (1) of this article, goods are identified suspected to have originated as a result of committing offences, the requested State shall take such measures as are permitted by its law, in order to arrest or confiscation, blocking them.
(3) goods seized under this Treaty will return to the requested State party, unless otherwise agreed.
Article 14 Compensation and fines, the requested State shall give assistance, to the extent permitted by law, compensation for victims of crime and for the collection of fines imposed as a sentence in a criminal trial.
Part III — Procedure article 15 Content of the application (1) in all cases requests for assistance shall indicate: (a) the competent authority who leads) the investigation or proceeding related to the application;
(b) the nature of the investigation or of) the procedure, as well as a summary of the facts and a copy of the applicable laws;
(c) the nature of the request and reason) the assistance requested;
d) degree of confidentiality requested and the reasons which justify it;
e) of limit the application period.
(2) in the following cases requests for assistance shall include: a) in the case of making declarations, the search warrant and the retention times of the location, restraint or confiscation of property obtained as a result of committing crimes, a statement of the reasons for which it believes samples or goods can be found in the requested State;
b) in the case of applications for declarations relating to the need to obtain the details of the Declaration on oath or acknowledgment in writing a description of the subject which is required to be specified in the Declaration;
c) in the case of imprumutarii, their location in the requested State, the person or persons who will have custody of the evidence in the requesting State, where the evidence in question will be moved, any tests to be made and the date on which the samples will be returned;
d) where the request is aimed at making available to the requesting State inmates, an indication of the person or persons who will have custody during the transfer, the place where the prisoner is to be transferred and the date of its return.
(3) if necessary and where possible requests for assistance shall include: (a) the identity and nationality of the persons) who are the subject of the investigation or proceedings and the place where they are;
b) details of any special procedures that the requesting State wishes to be followed and the reasons for it.
(4) if the requested State considers that the information contained in the application are not sufficient for the application can be run, then you may request additional information.
(5) the application shall be made in writing. In urgent cases, the request 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 responses thereto shall be sent and received by the central authorities, which shall communicate directly with each other. Central Authority for Romania, will be Minister of Justice; Central Authority for Canada, will be the Minister of Justice or officials that it designates.
Article 17 Confidentiality (1) the requested State may require, after consultation with the requesting State, that information or evidence provided to the times the source of these information or samples to be kept secret or be disclosed or used only subject to the conditions laid down by it.
(2) the requested State shall, to the extent that is required, you will protect the confidentiality of the application, the content of the documents annexed thereto, and any action taken as a result of the application to allow its execution. Where the request cannot be executed without violating the condition of preserving confidentiality, the requested State shall inform the requesting State properly before the execution of the request, the requesting State will determine whether the application will still be enforced.
Article 18 limitation of use the requesting State information will not disclose or use the information provided to sample items times for purposes other than those mentioned in the request without the prior consent of the central authority of the requested State.
Article 19 Authentication Documents, records or objects transmitted pursuant to this Treaty shall not require any form of authentication, except in the case referred to in article 1. 6. Article 20 Language used in the case of Applications and supporting documents shall be accompanied by a translation in an official language of the requested State.
Article 21 expenses (1) the requested State shall bear the expenses necessary for the execution of the request for assistance, except for expenses that are borne by the requesting State: expenditure relating to transport of) any person to or from the territory of the requested State at the request of the requesting State, and allowances to be paid to that person when the requesting State as a result of a request made pursuant to article. 10 or 11;
(b) the fees and expenses of the experts) which they have carried out either in the requested State, the requesting State shall be;
(c) expenses of translation) interpretation and transcription.
(2) where it considers that execution of the request requires expenses of special nature, the Contracting Parties shall consult in order to determine the modalities and conditions under which the requested assistance can be granted.
Part IV final provisions Article 22 other assistance This Treaty shall not derogate from obligations will exist between Contracting Parties under other treaties or agreements and will not stop the parties to grant or continue to grant mutual assistance under other treaties or arrangements.
Article 23 Consultations the Contracting Parties shall consult promptly, at the request of any of them with respect to the interpretation and application of this Treaty.
Article 24 entry into force and termination of the Treaty (1) This Treaty shall enter into force on the date of the last notification by the Contracting Parties shall communicate to each other that the legal requirements of each of them have been completed.
(2) This Treaty shall apply to any requests presented after its entry into force, even if the acts or omissions in question were committed before that date.
(3) each Contracting Party may terminate the application of this Treaty. Denunciation will take effect one year after the date of the notification to the other Contracting Party.
In witness whereof the undersigned, duly authorised thereto, have signed this Treaty.
Signed at Ottawa on May 25, 1998, in two originals, each in the Romanian, English and French, all texts have the same value.
For Romania, Andrei Plesu, Lloyd Axworthy For Canada — — — — — — — — — — — —