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legal assistance
[
Global Index
]
ARTICLE-46
: Mutual legal assistance [
go to this ARTICLE
]
...
Mutual legal assistance
...
... 1.
States Parties
shall afford one another the widest
measure
of
mutual legal assistance
in
investigations
,
prosecutions
and
judicial proceedings
in
relation
to the
offences
covered by this
Convention
. ...
... 2.
Mutual legal assistance
shall be afforded to the fullest
extent
possible under
relevant
laws
,
treaties
,
agreements
and
arrangements
of the requested
State Party
with
respect
to
investigations
,
prosecutions
and
judicial proceedings
in
relation
to the
offences
for which a
legal person
may be held
liable
in
accordance
with
article
26
of this
Convention
in the requesting
State Party
. ...
... 3.
Mutual legal assistance
to be afforded in
accordance
with this
article
may be requested for any of the following
purposes
: ...
... 6. The
provisions
of this
article
shall not
affect
the
obligations
under any other
treaty
,
bilateral
or
multilateral
, that
governs
or will
govern
, in whole or in part,
mutual legal assistance
. ...
... 7. Paragraphs 9 to 29 of this
article
shall apply to
requests
made pursuant to this
article
if the
States Parties
in
question
are not bound by a
treaty
of
mutual legal assistance
. If those
States Parties
are bound by such a
treaty
, the
corresponding
provisions
of that
treaty
shall apply unless the
States Parties
agree
to apply paragraphs 9 to 29 of this
article
in lieu thereof.
States Parties
are strongly
encouraged
to apply those paragraphs if they
facilitate
cooperation
. ...
... 8.
States Parties
shall not
decline
to render
mutual legal assistance
pursuant to this
article
on the ground of
bank secrecy
. ...
... 13. Each
State Party
shall
designate
a
central authority
that shall have the
responsibility
and
power
to
receive
requests
for
mutual legal assistance
and either to execute them or to transmit them to the
competent authorities
for
execution
. Where a
State Party
has a
special
region
or
territory
with a separate
system
of
mutual legal assistance
, it may
designate
a distinct
central authority
that shall have the same
function
for that
region
or
territory
.
Central authorities
shall ensure the speedy and proper
execution
or
transmission
of the
requests
received
. Where the
central authority
transmits the
request
to a
competent authority
for
execution
, it shall
encourage
the speedy and proper
execution
of the
request
by the
competent authority
. The
Secretary-General of the United Nations
shall be notified of the
central authority
designated
for this
purpose
at the
time
each
State Party
deposits
its
instrument of ratification
,
acceptance
or
approval
of or
accession
to this
Convention
.
Requests
for
mutual legal assistance
and any
communication
related thereto shall be transmitted to the
central authorities
designated
by the
States Parties
. This
requirement
shall be without
prejudice
to the
right
of a
State Party
to require that such
requests
and communications be addressed to it through
diplomatic channels
and, in
urgent
circumstances
, where the
States Parties
agree
, through the
International Criminal Police Organization
, if possible. ...
... 13. Each
State Party
shall
designate
a
central authority
that shall have the
responsibility
and
power
to
receive
requests
for
mutual legal assistance
and either to execute them or to transmit them to the
competent authorities
for
execution
. Where a
State Party
has a
special
region
or
territory
with a separate
system
of
mutual legal assistance
, it may
designate
a distinct
central authority
that shall have the same
function
for that
region
or
territory
.
Central authorities
shall ensure the speedy and proper
execution
or
transmission
of the
requests
received
. Where the
central authority
transmits the
request
to a
competent authority
for
execution
, it shall
encourage
the speedy and proper
execution
of the
request
by the
competent authority
. The
Secretary-General of the United Nations
shall be notified of the
central authority
designated
for this
purpose
at the
time
each
State Party
deposits
its
instrument of ratification
,
acceptance
or
approval
of or
accession
to this
Convention
.
Requests
for
mutual legal assistance
and any
communication
related thereto shall be transmitted to the
central authorities
designated
by the
States Parties
. This
requirement
shall be without
prejudice
to the
right
of a
State Party
to require that such
requests
and communications be addressed to it through
diplomatic channels
and, in
urgent
circumstances
, where the
States Parties
agree
, through the
International Criminal Police Organization
, if possible. ...
... 13. Each
State Party
shall
designate
a
central authority
that shall have the
responsibility
and
power
to
receive
requests
for
mutual legal assistance
and either to execute them or to transmit them to the
competent authorities
for
execution
. Where a
State Party
has a
special
region
or
territory
with a separate
system
of
mutual legal assistance
, it may
designate
a distinct
central authority
that shall have the same
function
for that
region
or
territory
.
Central authorities
shall ensure the speedy and proper
execution
or
transmission
of the
requests
received
. Where the
central authority
transmits the
request
to a
competent authority
for
execution
, it shall
encourage
the speedy and proper
execution
of the
request
by the
competent authority
. The
Secretary-General of the United Nations
shall be notified of the
central authority
designated
for this
purpose
at the
time
each
State Party
deposits
its
instrument of ratification
,
acceptance
or
approval
of or
accession
to this
Convention
.
Requests
for
mutual legal assistance
and any
communication
related thereto shall be transmitted to the
central authorities
designated
by the
States Parties
. This
requirement
shall be without
prejudice
to the
right
of a
State Party
to require that such
requests
and communications be addressed to it through
diplomatic channels
and, in
urgent
circumstances
, where the
States Parties
agree
, through the
International Criminal Police Organization
, if possible. ...
... 15. A
request
for
mutual legal assistance
shall contain: ...
... 21.
Mutual legal assistance
may be refused: ...
... (d) If it would be
contrary
to the
legal system
of the requested
State Party
relating to
mutual legal assistance
for the
request
to be
granted
. ...
... 22.
States Parties
may not
refuse
a
request
for
mutual legal assistance
on the sole ground that the
offence
is also considered to involve
fiscal
matters. ...
... 23.
Reasons
shall be given for any refusal of
mutual legal assistance
. ...
... 24. The requested
State Party
shall execute the
request
for
mutual legal assistance
as soon as possible and shall take as
full
account
as possible of any deadlines suggested by the requesting
State Party
and for which
reasons
are given, preferably in the
request
. The requesting
State Party
may make
reasonable
requests
for
information
on the
status
and
progress
of
measures
taken by the requested
State Party
to satisfy its
request
. The requested
State Party
shall respond to
reasonable
requests
by the requesting
State Party
on the
status
, and
progress
in its
handling
, of the
request
. The requesting
State Party
shall promptly inform the requested
State Party
when the
assistance
sought is no longer required. ...
... 25.
Mutual legal assistance
may be postponed by the requested
State Party
on the ground that it
interferes
with an ongoing
investigation
,
prosecution
or
judicial proceeding
. ...
ARTICLE-54
: Mechanisms for recovery of property through international cooperation in confiscation [
go to this ARTICLE
]
... 1. Each
State Party
, in
order
to provide
mutual legal assistance
pursuant to
article
55
of this
Convention
with
respect
to
property
acquired through or involved in the
commission
of an
offence
established
in
accordance
with this
Convention
, shall, in
accordance
with its
domestic law
: ...
... 2. Each
State Party
, in
order
to provide
mutual legal assistance
upon a
request
made pursuant to paragraph 2 of
article
55
of this
Convention
, shall, in
accordance
with its
domestic law
: ...
ARTICLE-60
: Training and technical assistance [
go to this ARTICLE
]
... (c)
Training
competent authorities
in the
preparation
of
requests
for
mutual legal assistance
that
meet
the
requirements
of this
Convention
; ...
... 2.
States Parties
shall, according to their
capacity
, consider affording one another the widest
measure
of
technical assistance
, especially for the
benefit
of
developing countries
, in their respective
plans
and
programmes
to
combat
corruption
,
including
material
support
and
training
in the
areas
referred to in paragraph 1 of this
article
, and
training
and
assistance
and the
mutual
exchange
of
relevant
experience
and specialized
knowledge
, which will
facilitate
international cooperation
between
States Parties
in the
areas
of
extradition
and
mutual legal assistance
. ...
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