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United Nations Convention against Corruption
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accusation
[
Global Index
]
ARTICLE-30
: Prosecution, adjudication and sanctions [
go to this ARTICLE
]
... 6. Each
State Party
, to the
extent
consistent with the
fundamental principles
of its
legal system
, shall consider
establishing
procedures
through which a
public official
accused
of an
offence
established
in
accordance
with this
Convention
may, where appropriate, be
removed
, suspended or reassigned by the appropriate
authority
, bearing in
mind
respect
for the
principle
of the
presumption of innocence
. ...
ARTICLE-37
: Cooperation with law enforcement authorities [
go to this ARTICLE
]
... 2. Each
State Party
shall consider providing for the possibility, in appropriate
cases
, of
mitigating
punishment
of an
accused
person
who provides substantial
cooperation
in the
investigation
or
prosecution
of an
offence
established
in
accordance
with this
Convention
. ...
ARTICLE-46
: Mutual legal assistance [
go to this ARTICLE
]
... 5. The
transmission of information
pursuant to paragraph 4 of this article shall be without
prejudice
to inquiries and
criminal proceedings
in the
State
of the
competent
authorities
providing the
information
. The
competent
authorities
receiving
the
information
shall comply with a
request
that said
information
remain
confidential
, even temporarily, or with
restrictions
on its use. However, this shall not
prevent
the
receiving State
Party
from disclosing in its
proceedings
information
that is exculpatory to an
accused
person
. In such a
case
, the
receiving State
Party
shall notify the transmitting
State Party
prior
to the
disclosure
and, if so requested, consult with the transmitting
State Party
. If, in an
exceptional
case
,
advance
notice
is not possible, the
receiving State
Party
shall inform the transmitting
State Party
of the
disclosure
without
delay
. ...
... 19. The requesting
State Party
shall not transmit or use
information
or
evidence
furnished by the requested
State Party
for
investigations
,
prosecutions
or
judicial proceedings
other than those stated in the
request
without the
prior
consent
of the requested
State Party
. Nothing in this paragraph shall
prevent
the requesting
State Party
from disclosing in its
proceedings
information
or
evidence
that is exculpatory to an
accused
person
. In the latter
case
, the requesting
State Party
shall notify the requested
State Party
prior
to the
disclosure
and, if so requested, consult with the requested
State Party
. If, in an
exceptional
case
,
advance
notice
is not possible, the requesting
State Party
shall inform the requested
State Party
of the
disclosure
without
delay
. ...
A
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