29/1981

Keskinäistä oikeusapua rikosasioissa koskeva eurooppalainen yleissopimus

Europeisk konvention om inbördes rättshjälp i brottmål

European Convention on Mutual Assistance in Criminal Matters

Perustiedot

Sopimustyyppi:
II Monenväliset sopimukset
6. Valtio
6.3. oikeudellinen yhteistyö, rikollisuuden torjuminen, huumeet
Allekirjoituspäivä:

20.04.1959 (Strasbourg)

Ratifiointipäivä:29.01.1981 L
Voimaantulopäivä:29.04.1981
Kansainvälinen voimaantulopäivä: 12.06.1962
Sopimukset: 29/1981 30/1981
Säädösviitteet: 284/1981 287/1981

Sopimukseen tehdyt muutokset

  • 37/2014 37/201424.4.2014Voimaantulosta annetun asetuksen 3 §:n muuttaminen
  • 21/200422.3.2004Yleissopimukseen tehdyn varauman peruuttaminen
  • 16/200427.2.2004Voimaansaattamisasetuksen muutos
  • 16/199418.2.1994Voimaansaattamisasetuksen muutos
  • 13/1985, 14/198517.3.1978Lisäpöytäkirja

Osapuolet

  • ALANKOMAAT
    Sitoutumispäivä: 14.02.1969 R
    Voimaantulopäivä: 15.05.1969
    Varauma:

    Article 2
    The Netherlands Government reserves the right not to comply with a request for assistance:
    a. if there are good grounds for believing that it concerns an inquiry instituted with a view to prosecuting, punishing or otherwise interfering with an accused person because of his religion or political convictions, his nationality, his race or the population group to which he belongs;
    b. in so far as it concerns a prosecution or proceedings incompatible with the principle non bis in idem;
    c. in so far as it concerns an inquiry into acts for which the accused person is being prosecuted in the Netherlands.

    Article 11
    The Netherlands Government will not grant temporary transit, as provided for in Article 11, save where the person concerned is serving a sentence in its territory and where there are no special considerations opposed thereto.

    Article 22
    The Netherlands Government will not notify the subsequent measures referred to in Article 22 except so far as the organisation of its judicial records allows of so doing.

    Article 26
    By reason of the special arrangement between the Benelux countries, the Netherlands Government does not accept Article 26, paragraphs 1 and 3 in respect of its relations with the Kingdom of Belgium and the Grand Duchy of Luxembourg.

    The Netherlands Government reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

    Article 25
    The Kingdom of the Netherlands accepts the said Convention for the Kingdom in Europe.

    Article 5
    The Netherlands Government declares that letters rogatory for search or seizure within the Netherlands will not be executed save for extraditable offences within the meaning of the European Convention on Extradition, and provided that the Netherlands court has authorised execution in accordance with its municipal law.

    Article 24
    The Netherlands Government declares that, as regards the Netherlands, judicial authorities for the purposes of the Convention are to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.

    Article 25
    In the event of the Netherlands Government making a declaration extending the application of the Convention to Surinam and/or the Netherlands Antilles, it may qualify such declarations by conditions relating to local needs and, in particular, may declare that the Convention can be denounced separately in respect of those countries.

    In addition to the letter of the Netherlands Permanent Representative No 1799 of 24 December 1985, I have the honour to bring the following to your attention in your capacity of depositary of the treaties listed in the annex.

    The treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party (for the Kingdom in Europe) apply as of 1 January 1986 equally to Aruba.

    List of Treaties
    ...30. European Convention on Mutual Assistance in Criminal Matters (1959).

    As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

    Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

    The Permanent Mission of the Kingdom of the Netherlands declares that the Government of the Kingdom of the Netherlands, in accordance with Article 25, paragraph 4 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, is extending the application of the Convention to the Netherlands Antilles, and that the declarations and reservations as made by the Kingdom of the Netherlands shall also apply to the Netherlands Antilles.

    Article 16
    The Government of the Kingdom of the Netherlands declares having regard to Article 16, that the Kingdom of the Netherlands will require requests for legal assistance regarding the Netherlands Antilles and Aruba to be accompanied by an English translation.

    Article 25
    The Government of the Kingdom of the Netherlands declares in accordance with the declaration of the Netherlands Government concerning Article 25, paragraph 4 that the Convention may be denounced separately in respect of the Netherlands Antilles and Aruba.

  • ALBANIA
    Sitoutumispäivä: 04.04.2000 R
    Voimaantulopäivä: 03.07.2000
    Varauma:

    The execution of letters rogatory for search or seizure of property shall be dependant on the conditions stipulated in Article 5, paragraph 1, letters "a" and "c".

    In accordance with Article 15, paragraph 6, Albania declares that a copy of all requests for assistance which are communicated directly between judicial authorities, as well as of accompanying acts, shall be transmitted at the same time to its Ministry of Justice.

    In accordance with Article 16, paragraph 2, Albania declares that requests and annexed documents shall be accompanied by an official translation into one of the official languages of the Council of Europe, unless agreements concluded on the basis of reciprocity provide otherwise.

    The Ministry of Justice is deemed as the judicial authority within the meaning of Article 24 of the Convention.

  • ANDORRA
    Sitoutumispäivä: 26.04.2005 R
    Voimaantulopäivä: 25.07.2005
    Varauma:

    Article 5

    In accordance with Article 5 of the Convention, the Principality of Andorra reserves the ability to submit the execution of letters rogatory, for the purposes of search or seizure of objects, to the conditions provided for by Article 5, paragraph 1, sub-paragraphs a and c, of the Convention.

    Article 7

    For the purposes of Article 7, paragraph 3, the Principality of Andorra declares that service of a summons on an accused person in a criminal procedure who is in its territory should be transmitted to the Andorran authorities at least 30 days before the date set for the appearance of this person.

    The Principality of Andorra declares also that, when the subject of a letter rogatory includes a summons to appear in court as person charged, injured party, expert or witness, the summons can be made by a registered letter if the law of the requesting State authorises it.

    Article 15

    Taking into account what is stipulated in Article 15, paragraph 6, the Principality of Andorra declares the following:

    A copy of the letters rogatory referred to in Article 15, paragraph 2 and of the requests for preliminary investigation mentioned by Article 15, paragraph 4, shall be transmitted to the Ministry of Justice and of Interior of the Government of Andorra.

    In case of urgency, the Andorran judicial authorities will return the letters rogatory, executed or not according to the case, to the authorities indicated in Article 15, without prejudice to the fact that, simultaneously, they may be transmitted through Interpol or handed over to the authorities of the requesting State expressly entitled thereto.

    Article 16

    The Principality of Andorra declares that, in accordance with Article 16, paragraph 2, the requests and the annexed documents, should be addressed to the Andorran authorities accompanied by a translation into Catalan, Spanish or French.

    Article 21

    The Principality of Andorra declares that in case of urgency, information referred to in Article 21 can be addressed simultaneously to the Ministry of Justice and Interior and to the Public Prosecutor of the Principality of Andorra accompanied by all the necessary information for the procedure brought into action.

    Article 2

    Regarding Article 2 of the Convention, The Principality of Andorra reserves the right to grant mutual assistance in pursuance of the Convention at the express condition that the results of inquiries as well as information contained in the documents and files transmitted cannot, without its prior consent, be used or transmitted by the authorities of the requesting Party for purposes (of investigations or procedures) different from those indicated in the request.

    Article 2

    Regarding Article 2 of the Convention, the Principality of Andorra reserves the right to refuse a request for mutual assistance:
    a) if the criminal offences upon which a letter rogatory is based are not punished by the Andorran Law as criminal offences;
    b) if the person subject of the request has been convicted by a final judgment in the Principality of Andorra and that he/she has served his/her sentence or if he /she has been acquitted in Andorra for the same facts.

    Article 13

    With respect to Article 13 of the Convention, the Principality of Andorra reserves the ability to submit the communication of extracts from judicial records of a person residing in the Principality of Andorra to the condition that he/she has been indicted or summoned to a judgment as the accused.

    Article 22

    Concerning Article 22 of the Convention, the Principality of Andorra declares that, due to the internal organisation and the functioning of the register of judicial records, the authorities responsible for keeping the register of judicial records are not able to guarantee a systematical exchange of information concerning decisions to convict contained in these registers.

    Nevertheless, upon the previous request of the foreign judicial authority who is competent for a specific criminal procedure, these authorities will deliver the extracts of judicial records of foreigners not residing in the Principality of Andorra and of residents having been charged or summoned to appear in court as the accused.

    Article 24

    In accordance with Article 24, the Principality of Andorra declares that it considers as judicial authorities of the Principality of Andorra for the purposes of this Convention, the following authorities:
    -the Higher Court of Justice of Andorra;
    - the Court of Corts (Court with exclusively criminal competences);
    -The President of the Court of Corts;
    -The Court of Batlles (Court of first instance);
    -The Batlle (the judge);
    -The Prosecutor General;
    -The Deputy Prosecutor.

  • ARMENIA
    Sitoutumispäivä: 25.01.2002 R
    Voimaantulopäivä: 25.04.2002
    Varauma:

    Reservations

    In conformity with Article 23 of the European Convention on Mutual Assistance in Criminal Matters, the Republic of Armenia makes the following reservations:

    1. In addition to the grounds provided for in Article 2, the Republic of Armenia reserves the right to refuse assistance in any one of the following cases:

    a) if the offence, in respect of which legal assistance is requested, is not qualified as a "crime" and is not punishable under the legislation of the Republic of Armenia,

    b) if, in respect of the criminal offence for which legal assistance is requested, an action is brought in the Republic of Armenia,

    c) if there is a judgement in force or another final decision regarding the criminal offence, in respect of which legal assistance is requested.

    2. In accordance with Article 3 of the Convention, the Republic of Armenia at the time of execution of any letters rogatory for procuring evidence of witnesses will take into account Article 42 of the Constitution according to which a person shall not be compelled to be a witness against himself or herself, or to be a witness against his or her spouse or against a close relative.

    In conformity with Article 5 of the Convention, the Republic of Armenia reserves the right to make the execution of letters rogatory for search and/or seizure of property dependent on the conditions, provided for in sub-paragraphs a, b, c, paragraph 1 of Article 5 of the Convention.

    Declarations

    1. In accordance with Article 7 of the Convention, the letters rogatory for service of summons shall be transmitted not less than 50 days before the date set for appearance.

    2. In accordance with Article 15, paragraph 6, a copy of all requests for assistance, which are communicated between judicial authorities, in the cases provided in paragraph 2 of the same Article, shall be transmitted simultaneously to the Ministry of Justice of the Republic of Armenia.

    3. In accordance with Article 16, paragraph 2, requests and annexed documents shall be accompanied by certified translation into the Armenian language or one of the official languages of the Council of Europe.

    4. In accordance with Article 24 of the Convention, for the purposes of the Convention, the judicial authorities for the Republic of Armenia shall be:

    Ministry of Justice
    General Prosecutor´s Office
    Ministry of Internal Affairs
    Ministry of National Security
    Court of Cassation
    Courts of Review
    District courts of first instance of Yerevan City
    Kotayk Region court of first instance
    Ararat Region court of first instance
    Armavir Region court of first instance
    Aragatzotn Region court of first instance
    Shirak Region court of first instance
    Tavoush Region court of first instance
    Gegharqunik Region court of first instance
    Vayotz Tzor Region court of first instance
    Sjuniq Region court of first instance

  • AZERBAIDZHAN
    Sitoutumispäivä: 04.07.2003 R
    Voimaantulopäivä: 02.10.2003
    Varauma:

    The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

    Article 3

    The Republic of Azerbaijan declares that letters rogatory relating to criminal matters provided for in Article 3 of the Convention and for the purpose of procuring evidence shall be executed by taking into consideration the provisions of Article 66 of the Constitution of the Republic of Azerbaijan:

    "Extract from the Constitution of the Republic of Azerbaijan:
    Article 66. Prohibition on testifying against relatives
    "No one may be forced to testify against him/herself or against his/her spouse, children, parents or siblings. The complete list of relatives against whom testifying is not obligatory is specified by law.""

    Article 5

    The Republic of Azerbaijan declares that letters rogatory for search or seizure of property shall be executed on conditions provided for in sub-paragraphs a and c of Article 5, paragraph 1, of the Convention.

    Article 7

    In accordance with Article 7 of the Convention, the Republic of Azerbaijan declares that service of summons on a person shall be transmitted not less than 50 days before the date set for appearance.

    Article 15

    In accordance with Article 15, paragraph 6, of the Convention, the Republic of Azerbaijan declares that all requests for assistance which are communicated directly between judicial authorities, as well as other covering documents shall be transmitted at the same time to the Ministry of Justice of the Republic of Azerbaijan.

    Article 16

    In accordance with Article 16, paragraph 2, of the Convention, the Republic of Azerbaijan declares that requests or any other documents relating to the application of he Convention shall be accompanied by a translation into Azerbaijani or English.

    Article 2

    In accordance with Article 23, paragraph 1, of the Convention, the Republic of Azerbaijan declares that in addition to grounds provided for in Article 2 of this Convention, the assistance may be refused also in the following cases:

    -if the request for assistance concerns acts which are not qualified as an offence under the legislation of the Republic of Azerbaijan;
    -if there is an enforceable judgment of the court of the Republic of Azerbaijan or of a third State in respect of the person for committing the same offence of which he is suspected or accused in the requesting State;
    - if the request for assistance concerns an offence that is under the investigation or judicial consideration in the Republic of Azerbaijan and if the postponement of execution of this request is impossible.

    Article 24

    In accordance with Article 24 of the Convention, the Republic of Azerbaijan declares that, for the purposes of the Convention, the following authorities shall be deemed as judicial authorities:

    - the Ministry of Justice of the Republic of Azerbaijan;
    - the General Prosecutor Office of the Republic of Azerbaijan;
    - the courts of the Republic of Azerbaijan (except the Constitutional Court).

  • BELGIA
    Sitoutumispäivä: 13.08.1975 R
    Voimaantulopäivä: 11.11.1975
    Varauma:

    Article 2
    The Government of the Kingdom of Belgium reserves the right not to comply with a request for assistance:
    a. if there are good grounds for believing that it concerns an inquiry instituted with a view to prosecuting, punishing or otherwise interfering with an accused person because of his political convictions or religion, his nationality, his race or the population group to which he belongs;
    b. is so far as it concerns a prosecution or proceedings incompatible with the principle non bis in idem;
    c. in so far as it concerns an inquiry into acts for which the accused person is being prosecuted in Belgium.

    Article 11
    The Government of the Kingdom of Belgium will not grant temporary transit as provided for in Article 11, save where the person concerned is serving a sentence in its territory and where there are no special considerations opposed thereto.

    Article 22
    The Government of the Kingdom of Belgium will not notify the subsequent measures referred to in Article 22 except in so far as the organisations of its judicial records allows of so doing.

    Article 26
    By reason of the special arrangements between the Benelux countries, the Government of the Kingdom of Belgium does not accept Article 26, paragraphs 1 and 3 in respect of its relations with the Netherlands and Luxembourg.

    The Government of the Kingdom of Belgium reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

    Article 5

    The Government of the Kingdom of Belgium declares that letters rogatory for search or seizure within Belgium will not be executed save for extraditable offences within the meaning of the European Convention on Extradition, and provided that the Belgian court has authorised execution in accordance with its municipal law.

    Article 24

    The Government of the Kingdom of Belgium declares that, as regards Belgium, judicial authorities for the purposes of the Convention are to be understood as meaning members of the judiciary responsible for administering the law, examinig magistrates and members of the Department of Public Prosecution.

  • BOSNIA-HERTSEGOVINA
    Sitoutumispäivä: 25.04.2005 R
    Voimaantulopäivä: 24.07.2005
  • BULGARIA
    Sitoutumispäivä: 17.06.1994 R
    Voimaantulopäivä: 15.09.1994
    Varauma:

    Reservation on Article 2
    The Republic of Bulgaria declares that it will refuse assistance where:
    the committed act is not incriminated as an ffence according to the Bulgarian criminal law;
    * the offender shall not be held responsible in virtue of amnesty;
    * the criminal responsibility is precluded by statutory limitation;
    * after having committed the offence, the offender has fallen into a state of lasting mental disturbance precluding criminal responsibility;
    * there is a pending penal procedure, an enforceable sentence, an order or an enforceable decision to terminate the case, with respect to the same person for the same offence.

    Article 5
    The Republic of Bulgaria declares that it reserves the right to execute letters rogatory for search or seizure of property only on the conditions set out in Article 5 paragraph 1 (a) and (c).

    Article 7
    The Republic of Bulgaria declares that a summons on an accused person who is in its territory must be transmitted to the competent authorities no later than 50 days before the date set for that person's appearance.

    Reservation concerning Article 13 paragraph 1
    The requirement to communicate extracts from judicial records applies solely to such information concerning pending criminal cases as is not covered by official secrecy under Bulgarian law.

    Areticle 15
    The Republic of Bulgaria declares that requests for assistance or letters rogatory must be addressed to the Ministry of Justice.

    Declaration in respect of Article 16

    The Republic of Bulgaria declares that it will require that requests for assistance and annexed documents be accompanied by a translation into Bulgarian, or in the absence of such, by a translation into either of the official languages of the Council of Europe.

    Article 24
    The Republic of Bulgaria declares that, for the purposes of the Convention, it defines to be judicial authorities the Courts, the public prosecutor's offices, the investigation authorities and the Ministry of Justice.

  • CHILE
    Sitoutumispäivä: 30.05.2011 L
    Voimaantulopäivä: 28.08.2011
    Varauma:

    Articles 11, 15, 3, 4, 5

    In accordance with Article 15, paragraph 6, of the Convention, the Republic of Chile declares that for the purposes of Article 15, paragraph 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 Foreign Affairs of Chile.

    [Note by the Secretariat: See also the declarations made by Chile to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]

    Article 7

    In accordance with Article 7, paragraph 3, of the Convention, the Republic of Chile declares that service of a summons on an accused person shall be transmitted to its authorities at least fifty (50) days in advance of the date set for appearance.

    Articles 13, 15

    In accordance with the provisions in Article 15, paragraph 6, of the Convention, for the purposes of Article 15, paragraph 3, in relation to Article 13, paragraphs 1 and 2, the Republic of Chile declares that requests for mutual assistance consisting in transmission of extracts and information on court files shall be sent to the Ministry of Justice, and an information copy thereof to the Ministry of Foreign Affairs of Chile.

    [Note by the Secretariat: See also the declarations made by Chile to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]

    Article 16

    In accordance with the provisions in Article 16, paragraph 2, of the Convention, the Republic of Chile declares that requests shall be addressed to it accompanied by a translation into the Spanish language. With respect to annexed documentation, the Republic of Chile reserves the right to demand that it be translated into the Spanish language.

    Article 5

    In accordance with Article 5, paragraph 1, of the Convention, the Republic of Chile declares that it reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the condition in letter (c), paragraph 1, of said Article 5.

    Article 15

    In accordance with the provisions in Article 15, paragraph 6, of the Convention, the Republic of Chile declares that for the purposes of enforcing Article 21, paragraph 1, communications shall be transmitted to the Chilean Public Prosecutor’s Office.

    [Note by the Secretariat: See also the declarations made by Chile to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]

    Articles 21, 24

    In accordance with Article 24 of the Convention, the Republic of Chile declares that the courts of justice composing The Judiciary shall, for the purposes of the Convention, be deemed as judicial authority.

    Mutual assistance requests for the purposes of this Convention may also be transmitted to the Public Prosecutor’s Office, which shall request the intervention of the competent Guarantee Judge where, under Chilean laws, it is required due to the nature of the request. However, in no case will this declaration grant jurisdictional powers to the Public Prosecutor’s Office or make it a judicial authority.

    [Note by the Secretariat: See also the declaration made by Chile to Article 6 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]

  • ESPANJA
    Sitoutumispäivä: 18.08.1982 R
    Voimaantulopäivä: 16.11.1982
    Varauma:

    Article 5, paragraph 1
    Spain reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the following conditions:
    a. that the offence motivating the letters rogatory is punishable under Spanish law;
    b. that the offence motivating the letters rogatory is an extraditable offence under Spanish law;
    c. that execution of the letters rogatory is consistent with Spanish law.

    Article 7
    Spain declares that for the purpose of Article 7 (3) of the Convention, the time mentioned in this provision shall be not less than 30 days.

    Article 16, paragraph 2
    Spain reserves the right to stipulate that requests and annexed documents shall be addressed to it accompaned by a duly authenticated translation into Spanish.

    Article 22
    Spain reserves the right not to inform other Parties of deleted entries in the criminal records of Spanish nationals.

    Article 24

    Spain declares that for purposes of the Convention, the following shall be deemed judicial authorities:
    a. ordinary judges and courts;
    b. public prosecutors;
    c. military judicial authorities.

    Article 15
    With reference to the provisions of Article 15.6 of the European Convention on Mutual Assistance in Criminal Matters, I have the honour to inform you that the Spanish Central Authority will be from now on : Secretario General Técnico - Ministerio de Justicia - San Bernardo 47 - 28015 MADRID Espagne.

  • ETELÄ-KOREA
    Sitoutumispäivä: 29.09.2011 L
    Voimaantulopäivä: 29.12.2011
    Varauma:

    The Republic of Korea declares that if the offence for which assistance is sought is punishable by death under the law of the Republic of Korea, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out, the Republic of Korea, if requested, shall give assurance that the death-penalty will not be carried out even if it is imposed by a court of the Republic of Korea.

    Article 7

    In respect of Article 7, paragraph 3, of the Convention, the Republic of Korea declares that it shall specify “a certain time” to be 45 days.

    Article 15

    In accordance with Article 15 of the Convention, the Republic of Korea reserves the right to limit its channels of communication to the diplomatic channel and the direct channel between the Ministries of Justice.

    Article 16

    In respect of Article 16 of the Convention, the Republic of Korea reserves the right to apply Article 16, paragraph 2, as follows: “Requests, annexed documents and any other communications pursuant to this Convention shall be accompanied by a translation into the language of the requested Party or into the English language.”

    Article 5

    In respect of Article 5 of the Convention, the Republic of Korea reserves the right to make the execution of letters rogatory, provided that the conditions stipulated in subparagraphs 1.a and 1.c of Article 5 are complied with.

  • GEORGIA
    Sitoutumispäivä: 13.10.1999 R
    Voimaantulopäivä: 11.01.2000
    Varauma:

    Article 2
    Legal assistance may be refused:
    (a) if criminal proceedings have been instituted in Georgia for the offence in respect of which assistance is requested;
    (b) if the offence in respect of which assistance is requested has already been tried by a court of law and the judgment has entered into force.

    Article 5
    Georgia reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the conditions given in sub-paragraphs "a", "b" and "c" of Article 5, paragraph 1.

    Article 15 (6)
    As provided in Article 15, paragraph 6, copies of the letters rogatory shall be transmitted to the Ministry of Justice of Georgia.

    Article 16 (2)
    Request for a legal assistance and annexed documents shall be provided in English or Russian language.

    Article 24
    For the purposesof the present Convention, Georgia considers as "judicial authorities":
    * the Constitutional Court
    * the courts of the common jurisdiction
    * the General Prosecutor´s Office.

  • IRLANTI
    Sitoutumispäivä: 28.11.1996 R
    Voimaantulopäivä: 26.02.1997
    Varauma:

    Article 2
    The Government of Ireland reserves the right to refuse assistance if criminal proceedings have been instituted or concluded in Ireland or in a third State against a person who is the subject of the request for assistance in respect of the same conduct as that giving rise to proceedings in the requesting State in respect of that person.

    The Government of Ireland reserves the right to make the supply of any material or evidence, in response to a request for assistance, subject to the condition that such material or evidence shall not, without its consent, be used for a purpose that was not specified in the request.

    Article 3
    The Government of Ireland reserves the right not to take the evidence of witnesses or require the production of records or documents where its law recognises in relation thereto privilege, non-compellability or other exemption from giving evidence.

    Article 11, paragraph 2
    The Government of Ireland is unable to grant requests made under Article 11, paragraph 2, for a person in custody to transit through its territory.

    Article 21
    The Government of Ireland reserves the right not to apply Article 21.

    Article 22
    The Government of Ireland will not notify criminal convictions or subsequent measures under Article 22 except insofar as the organisation of its judicial records allows of so doing.

    Article 5
    The Government of Ireland reserves the right to make the execution of letters rogatory for search and seizure of property dependent on the following conditions:
    a. that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and Irish law, and
    b. that execution of letters rogatory is consistent with Irish law.

    Article 15
    In respect of the Government of Ireland, references to the "Ministry of Justice" for the purposes of Article 11, paragraph 2, Article 15, paragraphs 1,3 and 6, Article 21, paragraph 1, and Article 22 are to the Department of Justice.

    In accordance with Article 15, paragraph 6, the Government of Ireland gives notice that requests for assistance under the Convention should be sent to the Department of Justice.

    Article 16

    In accordance with Article 16, paragraph 2, the Government of Ireland reserves the right to stipulate that requests and annexed documents shall be addressed to it accompanied by translations into either Irish or English.

    Article 24

    In accordance with Article 24, for the purposes of the Convention, the Government of Ireland deems the following to be judicial authorities:
    - the District Court;
    - the Circuit Court;
    - the High Court;
    - a Special Criminal Court;
    - the Court of Criminal Appeal;
    - the Supreme Court;
    -the Attorney General of Ireland
    - the Director of Public Prosecutions;
    - the Chief State Solicitor.

  • ISLANTI
    Sitoutumispäivä: 20.06.1984 R
    Voimaantulopäivä: 18.09.1984
    Varauma:

    Article 1, paragraph 1
    Iceland will only afford assistance in proceedings in respct of offences also punishable under Icelandic law.
    Assistance may be refused:
    a) if the judicial authorities of Iceland or of a third State have instituted legal proceedings against the accused for the offence which gave rise to proceedings in the requesting State; or
    b) if the accused has been convicted or acquitted by a final judgement given by the judicial authorities of Iceland or of a third State in respect of the offence which gave rise to proceedings in the requesting State; or
    c) if the judicial authorities of Iceland or of a third State have decided to discontinue proceedings or not to initiate them in respect of the offence which gave rise to proceedings in the requesting State.

    Article 13, paragraph 1
    The obligation to communicate extracts from and information relating to judicial records under this provision applies only to the criminal record of the person charged with an offence in the requesting State.

    Article 5
    A request for search or seizure of property may be refused if the conditions laid down in Article 5, paragraph 1, subparagraphs a, b and c are not fulfilled.

    Article 7
    A summons to be served on an accused person who is in Iceland must be transmitted to the competent Icelandic authorities at least 50 days before the date set for appearance.

    Article 15
    All requests for assistance in Iceland under the Convention must be addressed to the Ministry of Justice.

    Article 16
    Requests and annexed documents not drawn up in Icelandic, Danish, English, Norwegian or Swedish shall be accompanied by a translation into Icelandic or English.

    Article 24
    For the purposes of the Convention, the term "judicial authorities" in Iceland means the Ministry of Justice, the Courts, the State Prosecutor and Chiefs of Police.

  • ISO-BRITANNIA
    Sitoutumispäivä: 29.08.1991 R
    Voimaantulopäivä: 27.11.1991
    Varauma:

    Article 2

    In respect of Article 2, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right to refuse assistance if the person who is the subject of a request for assistance has been convicted or acquitted in the United Kingdom or in the third State of an offence which arises from the same conduct as that giving rise to proceedings in the requesting State in respect of that Person.

    Article 3

    In respect of Article 3, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to take the evidence of witnesses or require the production of records or other documents where its law recognises in relation thereto privilege, non-compellability or other exemption from giving evidence.

    Article 5 (1)

    In accordance with Article 5, paragraph 1, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right to make the execution of letters rogatory for search and seizure of property dependent on the following conditions:
    a. that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the United Kingdom; and
    b. that execution of the letters rogatory is consistent with the law of the United Kingdom.

    Article 11 (2)

    The Government of the United Kingdom of Great Britain and Northern Ireland is unable to grant requests made under Article 11, paragraph 2 for a person in custody to transit through its territory.

    Article 12

    The Government of the United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under Article 12 where this is specifically requested by the person to whom the immunity would apply or by the appropriate authorities of the party from whom assistance is requested.
    A request for immunity will not be granted where the judicial authorities of the United Kingdom consider that granting it would not be in the public interest.

    Article 15

    In respect of the Government of the United Kingdom of Great Britain and Northern Ireland, references to the "Ministry of Justice" for the purposes of Article 11, paragraph 2, Article 15, paragraphs 1, 3 and 6 and Article 21, paragraph 1 and Article 22 are to the Home Office (for England and Wales), the Crown Office (for Scotland) and the Northern Ireland Office (for Northern Ireland).

    Article 16

    In accordance with Article 16, paragraph 2, the Government of the United Kingdom reserves the right to stipulate that requests and annexed documents shall be addressed to it accompanied by a translations into English.

    Article 21

    The Government of the United Kingdom reserves the right not to apply Article 21.

    Article 24

    In accordance with Article 24 for the purposes of the Convention, the Government of the United Kingdom deems the following to be judicial authorities:

    -Magistrates' courts, the Crown Court and the High Court;
    -the Attorney General for England and Wales;
    -the Director of Public Prosecutions and any Crown Prosecutor;
    -the Director and any designated member of the Serious Fraud Office;
    -the Secretary of State for Trade and Industry in respect of his function of investigating and prosecuting offences;
    -the Director of the Revenue and Customs Prosecutions Office and anyone within that Office authorised by him;
    -District Courts and Sheriff Courts and the High Court of Justiciary;
    -the Lord Advocate;
    -any Procurator Fiscal
    -the Attorney General for Northern Ireland;
    -the Director of Public Prosecutions in Northern Ireland;
    -The Commissioners of the Inland Revenue,
    -the Financial Services Authority.

    Article 25

    The Government of the United Kingdom wishes, in accordance with Article 25, paragraph 5, to extend the application of the Convention to the Isle of Man, for whose international relations the United Kingdom is responsible. For this to happen, the agreement of other States is required.

    The consent of the Italian Government has been secured by exchange of letters. Accordingly as concerns the Government of the United Kingdom and Italy, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 31 January 2000.

    The consent of the Danish Government has been secured by exchange of letters. Accordingly as concerns the Government of the United Kingdom and Denmark, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 25 February 2000.

    The consent of the Greek Government has been secured by exchange of letters. Accordingly as concerns the Government of the United Kingdom and Greece, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 22 January 2001.

    The consent of the Luxembourg Government has been secured by exchange of letters. Accordingly as concerns the Government of the United Kingdom and Luxembourg, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 3 July 2000.

    The consent of the Spanish Government has been secured by exchange of letters. Accordingly as concerns the Government of the United Kingdom and Spain, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 5 February 2001.

    The consent of the Government of the Netherlands has been secured by exchange of letters. Accordingly as concerns the Government of the United Kingdom and the Netherlands, the Convention now applies to the Isle of Man, Aruba and Netherlands Antilles. The extension of the Convention came into force on 14 September 2001.

    The consent of the Portuguese Government has been secured by exchange of Letters. Accordingly, as concerns the Governments of the United Kingdom and Portugal, the Convention now applies to the Isle of Man. This extension of the Convention came into force on 25th July 2002.

    ...in accordance with Article 25, paragraph 5, of the Convention, the United Kingdom´s ratification of the Convention be extended to the Bailiwick of Guernsey, being a territory for whose international relations the United Kingdom is responsible. (This extension would not apply to the Additional Protocol of 1978.)

    In order that the provisions of Article 25, paragraph 5, be fulfilled, the Government of the United Kingdom requests that the Secretariat General of the Council of Europe circulate this Note to all other Contracting Parties on the basis that in the absence of receipt of a Note of objection within 90 days of the date of such circulation, an arrangement to this effect for the purposes of Article 25, paragraph 5, will be deemed to have been made between the United Kingdom and each of the Conracting Parties.

    [Note by the Secretariat: Objections have been formulated by Austria and Ireland. Entry into force of this Arrangement between the United Kingdom and the Contracting Parties which have not notified objections (Albania, Armenia, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey, Ukraine, Israel): on 20 January 2003.
    Entry into force of this Arrangement between the United Kingdom and Austria: on 1 February 2004.]

    Article 24

    For the purposes of Chapter V of the Convention, the judicial authority for the Bailiwick of Guernsey should be:
    Address: HM Attorney General, St James´ Chambers, St Peter Port, Guernsey GY1 2PA;
    Tel.: 44 (0) 1481.723355;
    Fax: 44 (0) 1481.725439
    Email: law@gov.gg;
    Website: www.gov/gg/law

    Article 25

    The consent of the Swedish Government has been secured by exchange of letters. Accordingly as concerns the Governments of the United Kingdom and Sweden, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 28 February 2002.

    The consent of the Austrian Government has been secured by exchange of letters. Accordingly, as concerns the Governments of the United Kingdom and Austria, the Convention now applies to the Isle of Man.The extension of the Convention came into force on 1 February 2002.

    The Government of the United Kingdom proposes that, in accordance with Article 25, paragraph 5, of the Convention, the United Kingdom's ratification of the Convention be extend to the Isle of Man, being a territory for whose international relations the United Kingdom is responsible. (This extension would not apply to the Additional Protocol of 1978).

    This extension has already been effected in respect of certain Contracting Parties by bilateral arrangement between those Contracting Parties and the United Kingdom. Those Contracting Parties are Austria, Portugal, Spain, Greece, Sweden, Italy, Luxembourg, The Netherlands and Denmark. This Note does not affect those extensions.

    In order that the provisions of Article 25, paragraph 5, be fulfilled in respect of the remaining Contracting Parties, I request that you circulate this Note to them on the basis that in the absence of receipt of a Note of objection within 90 days of the date of such circulation, an arrangement to this effect for the purposes of Article 25, paragraph 5, will be deemed to have been made between the United Kingdom and each of the Conracting Parties.

    [Note by the Secretariat: Objection has been formulated by Ireland. Entry into force of this Arrangement on 8 October 2003 between the United Kingdom and the Contracting Parties which have not notified objections (Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Georgia, Germany, Hungary, Iceland, Latvia, Liechtenstein, Lithuania, Malta, Moldova, Norway, Poland, Portugal, Romania, Russia, Serbia and Montenegro, Slovakia, Slovenia, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey, Ukraine, Israel).]

    Article 24

    For the purposes of Chapter V of the Convention, the judicial authority for the Isle of Man shoul be:

    Address: Office of the Attorney General, Victory House, Prospect Hill, Douglas, Isle of Man;
    Tel.: 44 (0) 1624.685.452;
    Fax: 44 (0) 1624.629.162.

    Alueellinen soveltaminen: Sovelletaan myös Mansaareen. Sovelletaan Guernseyhyn 20.1.2003 lukien.

  • ISRAEL
    Sitoutumispäivä: 27.09.1967 L
    Voimaantulopäivä: 26.12.1967
    Varauma:

    Article 16

    Israel will require requests and annexed documents addressed to it to be accompanied by a translation into Hebrew, English or French.

    Article 22

    Israel will not undertake to notify automatically the "subsequent measures" referred to in Article 22, but will use its best efforts to do so.

    Article 7

    A summons to be served on an accused person who is in its territory shall be transmitted to its authorities not later than 40 days before the date set for appearance.

    Article 15

    All requests and other communications to Israel under the Convention should be sent to the following address: Ministry of Justice, Directorate of Courts, Department of Legal Assistance to Foreign Countires, P.O. Box 34142 - 91340 Jerusalem.

    Article 24

    For the purposes of the Convention, the following authorities shall be considered Judicial Authorities by the State of Israel:
    - Any competent court or tribunal
    - The Attorney General of the State of Israel
    - The State Attorney of the State of Israel
    - The Director of the Department of International Affairs of the Ministry of Justice
    - The Deputy Director of the Department of International Affairs of the Ministry of Justice.

  • ITALIA
    Sitoutumispäivä: 23.08.1961 R
    Voimaantulopäivä: 12.06.1962
    Varauma:

    The Italian Government declares that:
    In accordance with Article 24 and for the purposes of the Convention the following authorities are to be considered Italian judicial authorities:
    * Directors of Public Prosecution,
    * Assistant Public Prosecutors,
    * Ordinary Courts of Justice,
    * Military Courts,
    * Offices of the Public Prosecutor attached to the Military Courts,
    * Examining Magistrates,
    * Superior Magistrates,
    * Praetors.

    Having regard to the provisions of Articles 16 and 21, paragraph 3, Italy will require, subject to reciprocity, that requests for legal assistance, together with supporting documents, and denunciations as provided for in Article 21 of the Convention, shall be accompanied by a translation in French or English.

    The Italian Government requests that:
    Having regard to the provisions of Article 15, paragraph 6, of the Convention, where a request for legal assistance is addressed directly to the Italian judicial authorities, a copy of the relevant letters rogatory shall be communicated to the Ministry of Justice.

    With a view to completing the declaration made on 23 August 1961 when depositing the instrument of ratification of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Italian Government declares that with reference to Article 24 of the Convention the following authorities shall be deemed judicial authorities in addition to those already mentioned in the above-mentioned declaration which in all other respects shall remain unaltered:
    * the Constitutional Court,
    * the Parliamentary Commission of Enquiry.

    The Italian Government wishes to point out in this connection that the two above-mentioned authorities only acquired their full jurisdiction at a date subsequent to the deposit by Italy of the instrument ratifying the Convention.

    The Constitutional Court in fact issued the necessary supplementary rules for the exercise of its jurisdiction in relation to prosecutions within the meaning of Article 134 of the Constitution in the regulations of 27.11.1962 published in Official Gazette No 320 of 15 December 1962.

    The Jurisdiction of the Parliamentary Commission of Enquiry was specified in Act No 20 of 25 January 1962 dealing with "Rules relating to proceedings and prosecutions".

  • ITÄVALTA
    Sitoutumispäivä: 02.10.1968 R
    Voimaantulopäivä: 31.12.1968
    Varauma:

    Article 1, paragraph 1
    Austria will only grant assistance in proceedings in respect of offences also punishable under Austrian law and the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities.
    Article 2.a
    The cases where Chapter 1 of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters is not applicable, the Republic of Austria will apply Article 2, paragraph (a) of the European Convention on Mutual Assistance in Criminal Matters in accordance with the relevant national legislation (Federal Act of 4 December 1979 on Extradition and Mutual Assistance in Criminal Matters, Federal Law Gazette No. 529/1979). According to Section 51, paragraph 1 of the said Act the performance of assistance is precluded in all cases where extradition would be inadmissable according to Sections 14 and 15 of the Act. The provisions read as follows:
    Section 14. Extradition shall be inadmissable
    1. for political offences;
    2. for other offences based on political motivation or aims unless, taking into consideration all the circumstances of the individual case, in particular the method of committing the offence, the means employed or threatened, or the gravity of the consequences caused or intended, the criminal character of the offence supersedes its political character.

    Section 15. Extradition shall be inadmissable for offences which under Austrian law exclusively
    1. are of a military nature, or
    2. consist in a violation of regulations on duties, monopolies, customs or exchange, or of rules on the rationing of goods or on foreign trade.

    Article 2 (b)
    In "other essential interests of its country" Austria will include maintaining the secrecy stipulated by Austrian legislation.

    Article 11
    In the cases mentioned in Article 11, paragraph 1. a, b and c, the transfer of a person in custody as a witness or for purposes of confrontation will not be authorised.

    Article 5

    Austria will make the execution of letters rogatory for search or seizure of property subject to the condition laid down in sub-paragraph c.

    Article 7

    Austria will not serve a summons on an accused person who is in Austrian territory, unless the summons is transmitted to the competent Austrian judicial authority at least 30 days before the date set for appearance.

    Articles 16, 21

    Subject to the provisions of paragraph 3 of Article 16, requests and annexed documents, which are not drawn up in the German, French or English language, must be accompanied by a translation into one of these languages. A translation of informations mentioned in paragraph 1 of Article 21 is not required.

    Article 24

    For the purposes of the Convention, Austria will regard as judicial authorities the Criminal Courts, the Department of Public Prosecution and the Federal Ministry of Justice.

  • KREIKKA
    Sitoutumispäivä: 23.02.1962 R
    Voimaantulopäivä: 12.06.1962
    Varauma:

    Articles 4 and 11
    The Greek Government formulates reservations with regard to Articles 4 and 11 of the Convention, which are incompatible with Articles 97 and 459 of the Greek Code of Criminal Procedure.

  • KROATIA
    Sitoutumispäivä: 07.05.1999 R
    Voimaantulopäivä: 05.08.1999
    Varauma:

    Article 5, paragraph 1:
    The Republic of Croatia declares that letters rogatory delivered for search or seizure of property will be executed only if conditions determined in sub-paragraphs a), b) and c) of Article 5, paragraph 1, are fulfilled.

    Article 7, paragraph 3:
    The Republic of Croatia declares that service of a summons on a person residing in the Croatian territory must be transmitted to the competent Croatian judicial authorities no less than 30 days before the date set for appearance.

    Article 15:
    The Republic of Croatia declares that letters rogatory for mutual assistance are to be addressed to the Ministry of Justice of the Republic of Croatia. In case of urgency, letters rogatory may be addressed to the Ministry of Justice of the Republic of Croatia through the International Criminal Police Organisation (INTERPOL).

    Article 16, paragraph 2:
    The Republic of Croatia declares that letters rogatory for mutual assistance and annexed documents shall be accompanied by a translation into the Croatian language or, if not possible, into the English language.

    Article 24
    For the purposes of the Convention, judicial authorities in the Republic of Croatia are courts and offices of public prosecutor.

  • KYPROS
    Sitoutumispäivä: 24.02.2000 R
    Voimaantulopäivä: 24.05.2000
    Varauma:

    Reservations
    Article 2
    The Government of the Republic of Cyprus reserves the right to refuse assistance if the person who is the subject of a request for assistance has been convicted in the Republic of Cyprus of an offence which arises from the same conduct as that giving rise to proceedings in the requesting State in respect of that person.

    Article 5
    The Government of the Republic of Cyprus reserves the right to make the execution of letters rogatory for search and seizure of property dependent on the conditions stated in Article 5, paragraph 1 a) and c).

    Article 11
    For the purpose of Article 11, paragraph 1, the Government of the Republic of Cyprus reserves the right to refuse transfer of a person in custody in all the cases enumerated in sub-paragraph 2 of paragraph 1 of this Article.
    For the purpose of Article 11, paragraph 2, the Government of the Republic of Cyprus reserves the right to refuse to grant transit to its own nationals.

    Declarations
    Article 7
    For the purpose of Article 7, paragraph 3, the Government of the Republic of Cyprus requests that the summons to be served on an accused person who is in its territory be transmitted to its authorities at least 40 days before the date set for appearance.

    Article 15, paragraph 6
    All requests for assistance sent to the Republic of Cyprus under this Convention must be addressed to the Ministry of Justice and Public Order. In cases of urgency requests may be transmitted through Interpol.

    Article 16, paragraph 2
    Requests and annexed documents not drawn up in English or Greek should be accompanied by a translation into one of these languages.

    Article 24
    For the purposes of the Convention, the Government of the Republic of Cyprus deems the following to be "judicial authorities":
    * all courts of the Republic exercising criminal jurisdiction;
    * all attorneys of the Law Office of the Republic (Office of the Attorney General);
    * the Ministry of Justice and Public Order;
    * the authorities or persons empowered by national law to investigate into criminal cases including the Police, the Department of Customs and Excise and the Department of Inland Revenue.

  • LATVIA
    Sitoutumispäivä: 02.06.1997 R
    Voimaantulopäivä: 31.08.1997
    Varauma:

    In pursuance of paragraph 2 of Article 16 of the Convention, the Republic of Latvia requires that requests and annexed documents shall be addressed accompanied by a translation into English language.

    In pursuance of Article 24 of the Convention, the Republic of Latvia defines that, for the purposes of the Convention, the courts, the Public Prosecutor´s Office and the police are deemed judicial authorities.

    In pursuance of paragraph 6 of Article 15 of the Convention, the Republic of Latvia declares that requests for assistance shall be sent through:

    The Ministry of Interior - during pre-trial investigation until prosecution;
    Raina blvd 6,
    Riga, LV - 1533, Latvia
    Fax: 371.2.223853
    Tel.: 371.2.219263

    General Prosecutors office - during pre-trial investigation until submitting the case to the court;
    O. Kalpaka blvd 6,
    Riga, LV - 1801, Latvia
    Fax: 371.7.212231
    Te.: 371.7.320085

    The Ministry of Justice - during the trial,
    Brivibas blvd 36,
    Riga, LV - 1536, Latvia
    Fax: 371.7.285575
    Tel.: 371.7.280437
    371.7.282607.

  • LIECHTENSTEIN
    Sitoutumispäivä: 28.10.1969 L
    Voimaantulopäivä: 26.01.1970
    Varauma:

    Article 5, paragraph 1
    The Government of the Principality of Liechtenstein declares that the Principality of Liechtenstein will make the execution of letters rogatory for the application of any coercive measure dependent on the condition mentioned under Article 5, paragraph 1.a of the Convention.

    Article 16, paragraph 2
    The Principality of Liechtenstein stipulates that letters rogatory and annexed documents addressed to the Liechtenstein authorities in a language other than German - with the exception of requests for service of summons - shall be accompanied by a translation into that language.

  • LIETTUA
    Sitoutumispäivä: 17.04.1997 R
    Voimaantulopäivä: 16.07.1997
    Varauma:

    In respect of Article 2 of the Convention, the Republic of Lithuania reserves the right not to comply with a request insofar as it concerns:
    a. an offence which is not qualified as a "crime" and punishable as such under Lithuanian law;
    b. an offence in respect of which criminal proceedings have been instituted in the Republic of Lithuania or in a third State;
    c. an offence in respect of which the judicial authorities of the Republic of Lithuania either refused to institute, or discontinued criminal proceedings.

    In respect of Article 13 of the Convention, the Republic of Lithuania declares that extracts from and information relating to judicial records shall be communicated only insofar as the records relate to a person against whom criminal proceedings have been instituted.

    In relation to Article 5, paragraph 1, of the Convention, the Republic of Lithuania reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the conditions mentioned in sub-paragraphs a), b) and c) of the said provision.

    In relation to paragraph 6 of Article 15 of the Convention, the Republic of Lithuania shall provide assistance only in the event that the letters rogatory are sent directly to the Ministry of Justice of the Republic of Lithuania.

    In relation to paragraph 2 of Article 16 of the Convention, the Republic of Lithuania reserves the right to stipulate that requests and annexed documents shall be addressed to it in Lithuanian or accompanied by a translation into one of the official languages of the Council of Europe, and that in default, the Republic of Lithuania will require compensation for all expenses incurred in translation.

    In relation to Article 24 of the Convention, the Republic of Lithuania declares that for the purposes of the Convention the following authorities shall be considered as judicial authorities: the Ministry of Justice of the Republic of Lithuania, the Prosecutor General´s Office of the Republic of Lithuania, the Courts of Lithuania except the Constitutional Court.

  • LUXEMBURG
    Sitoutumispäivä: 18.11.1976 R
    Voimaantulopäivä: 16.02.1977
    Varauma:

    Article 2
    The State General Prosecutor of the Grand Duchy of Luxembourg reserves the right not to comply with a request for assistance:
    a) in so far as it concerns a prosecution or proceedings incompatible with the principle "non bis in idem",
    b) in so far as it concerns an inquiry into acts for which the accused person is being prosecuted in the Grand Duchy of Luxembourg.

    Article 11
    The Government of the Grand Duchy of Luxembourg will not grant temporary transit as provided for in Article 11, save where the person concerned is serving a sentence in its territory and where there are no special considerations opposed thereto.

    Article 16
    The Government of the Grand Duchy of Luxembourg will require requests and annexed documents addressed to it to be accompanied by a translation into French, German or English.

    Article 22
    The Government of the Grand Duchy of Luxembourg will not notify the subsequent measures referred to in Article 22 except in so far as the organisation of its judicial records allows of doing so.

    Article 26
    By reason of the special arrangements between the Benelux countries, the Government of the Grand Duchy of Luxembourg does not accept Article 26, paragraphs 1 and 3 in respect of its relations with the Netherlands and Belgium.

    The Government of the Grand Duchy of Luxembourg reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

    Article 5
    The Government of the Grand Duchy of Luxembourg declares that letters rogatory for search or seizure within the Grand Duchy of Luxembourg will not be executed save for extraditable offences within the meaning of the European Convention of Extradition, and provided that the court has authorised execution in accordance with its municipal law.

    Article 24
    The Government of the Grand Duchy of Luxembourg declares that, as regards the Grand Duchy of Luxembourg, judicial authorities for the purposes of the Convention are to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.

  • MAKEDONIA
    Sitoutumispäivä: 28.07.1999 R
    Voimaantulopäivä: 26.10.1999
  • MALTA
    Sitoutumispäivä: 03.03.1994 R
    Voimaantulopäivä: 01.06.1994
    Varauma:

    Article 2
    The Government of Malta reserves the right to refuse assistance if the person who is the subject of a request for assistance has been convicted or acquitted in Malta of any offence which arises from the same fact giving rise to proceedings in the requesting State in respect of that person.

    Article 3
    The Government of Malta reserves the right not to take the evidence of witnesses or require the production of records or other documents where its law recognises in relation thereto privilege, non-compellability or other exemption from giving evidence.

    Article 5, paragraph 1
    The Government of Malta reserves the right not to execute letters rogatory for search or seizure if (a) the offence motivating the letters rogatory is not punishable under both the law of the requesting State and the law of Malta, or (b) the execution of the letters rogatory is not consistent with the law of Malta.

    Article 7, paragraph 3
    For the purpose of Article 7, paragraph 3, the Government of Malta requests that the summons to be served on an accused person who is in its territory be transmitted to its authorities at least 50 days before the date set for appearance.

    Article 11
    The Government of Malta is unable to grant requests made under Article 11.

    Article 12
    The Government of Malta will only consider the granting of immunity under Article 12 where this is specifically requested by the person to whom the immunity would apply or by the appropriate authorities of the State from whom assistance is requested. A request for immunity will not be granted where the Government of Malta considers that granting it would not be in the public interest.

    Article 15, paragraph 6
    The Government of Malta notifies that all requests for assistance should be sent to it addressed to the Attorney General.

    Article 16, paragraph 2
    The Government of Malta declares that requests and annexed documents should be addressed to it accompanied by a translation into English.

    Article 21
    The Government of Malta reserves the right not to apply Article 21.

    Article 24
    In accordance with Article 24 for the purposes of the Convention, the Government of Malta deems the following to be "judicial authorities":
    *Magistrates Courts, the Juvenile Court, the Criminal Court and the Court of Criminal Appeal;
    * the Attorney General, Deputy Attorney General, Assistant to the Attorney General and Senior Counsel for the Republic;
    * Magistrates.

  • MOLDOVA
    Sitoutumispäivä: 04.02.1998 R
    Voimaantulopäivä: 05.05.1998
    Varauma:

    1. Under Article 2 of the Convention, the Republic of Moldova declares that it will refuse assistance where:

    * the committed act is not incriminated as an offence according to the legislation of the Republic of Moldova;
    * the offender shall not be held responsible by virtue of amnesty;
    * the criminal responsibility is precluded by statutory limitation;
    * after having committed the offence, the offender has fallen into a state of lasting mental disturbance precluding criminal responsibility;
    * there is a pending penal procedure with respect to the same person for the same offence;
    * there is enforceable sentence, or a court decision terminating the case, with respect to the same person and for the same offence.

    2. Under Article 5, paragraph 1, of the Convention, the Republic of Moldova declares that it reserves the right to execute letters rogatory for search or seizure of property in accordance with the respect of the conditions set out in Article 5, paragraph 1, letters (a), (b) and (c), of the Convention.

    3. The Republic of Moldova reserves the right not to execute requests for assistance provided for under Article 13, paragraph 2, of the Convention.

    4. Under Article 15, paragraph 6, of the Convention, the Republic of Moldova declares that requests for assistance must be addressed to the Ministry of Justice or to the Prosecutor General´s Office.

    5. Under Article 16, paragraph 2, of the Convention, the Republic of Moldova declares that requests for assistance and annexed documents shall be drawn up in Moldovan or in one of the official languages of the Council of Europe or accompanied by a translation into one of these languages.

    6. Under Article 24 of the Convention, the Republic of Moldova declares that it considers, for the purposes of the European Convention on Mutual Assistance in Criminal Matters, the courts of first instance (judecatoriile), the courts (tribunalele), the Court of Appeal (Curtea de Apel), the Supreme Court of Justice (Curtea Suprema de Justitie), the Ministry of Justice (Ministerul Justitie), the Prosecutor General´s Office (Procuratura Generala), the organs of the General Prosecutor of the Republic of Moldova (organele procuraturii Republicii Moldova), as judicial authorities for the Republic of Moldova.

  • MONACO
    Sitoutumispäivä: 19.03.2007 R
    Voimaantulopäivä: 17.06.2007
    Varauma:

    Article 7

    The Principality of Monaco declares that it avails itself of the option provided for in Article 7, paragraph 3, and accordingly specifies that service of summonses on accused persons who are in its territory shall be transmitted to Monaco's authorities not less than 30 days before the date set for the appearance of such persons.

    The Principality of Monaco declares that the terms "Ministry of Justice", for the purposes of the Convention, apply to the "Direction des Services Judiciaires".

    Article 15

    The Principality of Monaco declares that it avails itself of the option provided for in Article 15, paragraph 6, of the Convention in relation to paragraphs 2 and 4 of Article 15, so that the provisions of those two paragraphs shall apply as follows:

    Article 15, paragraph 2: in case of urgency, when the letters rogatory referred to in Articles 3, 4 and 5 are addressed directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party, a copy thereof shall at the same time be communicated to the Ministry of Justice of the requested Party;

    Article 15, paragraph 4: requests for mutual assistance other than those provided for in paragraphs 1 and 3 of Article 15, and in particular, requests for investigation preliminary to prosecution shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and returned by the same channel.

    Article 16

    The Principality of Monaco declares that it avails itself of the option provided for in Article 16, paragraph 2, of the Convention and requires that requests for mutual assistance and annexed documents shall be addressed to it accompanied by a translation into French.

    Article 2

    Regarding Article 2 of the Convention, the Principality of Monaco reserves the right to grant mutual assistance in pursuance of the Convention at the express condition that the results of inquiries as well as information contained in the documents and files transmitted cannot, without its prior consent, be used or transmitted by the authorities of the requesting Party for purposes different from those indicated in the request.

    Article 5

    In accordance with Article 5 of the Convention, the Principality of Monaco reserves the ability to submit the execution of letters rogatory, for the purposes of search or seizure of objects, to the conditions provided for by Article 5, paragraph 1, sub-paragraph a of the Convention.

  • MONTENEGRO
    Sitoutumispäivä: - VS
    Voimaantulopäivä: 06.06.2006
  • NORJA
    Sitoutumispäivä: 14.03.1962 R
    Voimaantulopäivä: 12.06.1962
    Varauma:

    Article 2
    Assistance can be refused:
    a. if the accused person is being prosecuted by the public prosecutor of Norway or by the judicial authorities of a third State for the criminal offence or offences which have given rise to the proceedings in the requesting State; or
    b. if the accused person has been convicted or acquitted by final judgment of a Norwegian court or the judicial authorities of a third State in respect of the criminal offence or offences which have given rise to the proceedings in the requesting State, or if the public prosecutor of Norway or the judicial authorities of a third State have decided either not to institute proceedings or to terminate proceedings in respect of a said offence or offences.

    Article 7, paragraph 1
    A request for service of writs etc., otherwise than by the informal handing over of the document to the person in question, can always be refused.

    Article 11, paragraph 2
    Reservation is made to the provision in its entirety.

    Article 5
    A request for search or seizure can be refused if the conditions laid down in Article 5, paragraph 1.a, b and c are not fulfilled

    Article 7
    A summons which is to be served on an accused person who is staying in Norway must be transmitted to the competent Norwegian authority at least 30 days prior to the date set for his appearance in court.

    Article 16
    Requests and annexed documents not drawn up in Norwegian, Danish, English or Swedish, should be accompanied by a translation into Norwegian. If not, the right is reserved for a translation into Norwegian to be made for the account of the requesting State.

    Article 24
    For the purpose of this Convention, the term "judicial authorities" applies in Norway to the courts and the office of the Public Prosecutor, including Chiefs of Police.

    Declaration in respect of Article 26, paragraph 4, of the Convention:
    The Agreement of 26 April 1974 between Norway, Denmark, Iceland, Finland and Sweden on mutual assistance shall apply.

  • PORTUGALI
    Sitoutumispäivä: 27.09.1994 R
    Voimaantulopäivä: 26.12.1994
    Varauma:

    a) Portugal declares that it will execute letters rogatory for search or seizure only if the conditions laid down in sub-paragraph a) and c) of Article 5 are fulfilled.

    b) Portugal declares that requests and annexed documents addressed to it must be accompanied by a translation into Portuguese or French.

    c) According to Article 7, paragraph 3, Portugal declares that a summons on an accused person who is in its territory must be transmitted to its authorities at least 50 days before the date set for appearance.

    d) Under the terms of Article 24, Portugal declares that, for the purpose of the Convention, the Public Prosecutor must be considered as judicial authority.

  • PUOLA
    Sitoutumispäivä: 19.03.1996 R
    Voimaantulopäivä: 17.06.1996
    Varauma:

    Article 5, paragraph 1
    The Republic of Poland reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the conditions mentioned in Article 5, paragraph 1 (a) (b) (c) of the Convention.

    Article 7, paragraph 3
    The transmission of the summons can be refused if less than 30 days remain before the date for appearance.

    Article 13
    Only information available in the Central Register of Convicted Persons shall be transmitted.

    Article 15, paragraphs 2 and 6
    When the letters rogatory are addressed directly to the judicial authorities, a copy of these letters rogatory shall be transmitted to the Ministry of Justice.

    Article 16, paragraph 2
    The requests and other documents being transmitted shall be accompanied by a translation into the Polish language or into an official language of the Council of Europe; the translation of the documents which are to be transmitted is not necessary if the transmission has the form of a simple service. In other cases they shall be translated into the Polish language if the receiver is a Polish national or if his permanent residence is in Poland.

    Article 24
    For the purposes of the Convention, the public prosecutor´s offices shall be also deemed to be "judicial authorities".

  • RANSKA
    Sitoutumispäivä: 23.05.1967 R
    Voimaantulopäivä: 21.08.1967
    Varauma:

    The French Government declares that, by reason of the internal organisation and functioning of the judicial records department in France, the authorities responsible are unable to inform automatically the Contracting Parties to the present Convention, under Article 22 thereof, of measures taken subsequently to the convinction of their nationals - such as measures of clemency, rehabilitation or amnesty - which are entered in the judicial records.
    The French Government gives, however, an assurance that the responsible authorities, if requested to do so in particular cases, will as far as possible supply the said Conracting Parties with details of the position of their nationals as regards the criminal law.

    The French Government declares that the authorities to be considered for the purposes of this Convention as French judicial authorities are the following:
    * first presidents, presidents, counsellors and judges
    (conseillers) of criminal courts;
    * examining magistrates (juges d´instruction) of these courts;
    * members of the Department of Public Prosecution (Ministère public) acting in those courts, namely:
    * Directors of Public Prosecution;
    * Deputy Directors of Public Prosecution;
    * Assistant Public Prosecutors;
    * Head of the Prosecution Department in courts of first instance and their assistants;
    * Representatives of the Department of Public Prosecution in Police courts;
    * Judge-advocates in courts martial.

    Article 7
    The Government of the French republic declares that it avails itself of the option provided for in Article 7, paragraph 3, and accordingly specifies that service of summonses on accused persons who are in French territory shall be transmitted to the French authorities not less than 30 days before the date set for the appearance of such persons.

    Article 15
    The Government of the French republic declares that it avails itself of the option provided for in Article 15, paragraph 6, in relation to paragraphs 2 and 4 of Article 15, so that the provisions of those two paragraphs shall apply as follows:

    Article 15, paragraph 2: in case of urgency, when the letters rogatory referred to in Articles 3, 4 and 5 are addressed directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party, a copy thereof shall at the same time be communicated to the Ministry of Justice of the requested Party;

    Article 15, paragraph 4: requests for mutual assistance other than those provided for in paragraphs 1 and 3 of Article 15, and in particular, requests for investigation preliminary to prosecution shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and returned by the same channel.

    Article 25
    Not withstanding the provisions of Article 25, paragraph 2, the European Convention on Mutual Assistance in Criminal Matters shall not apply to Algeria as that country acceded to independence after signature of the Convention by the French Government.






    Alueellinen soveltaminen: kts. myös SopS 97/1991

  • ROMANIA
    Sitoutumispäivä: 17.03.1999 R
    Voimaantulopäivä: 15.06.1999
    Varauma:

    1. Article 5, paragraph 1:
    The letters rogatory for search or seizure of property will be made dependent on the following conditions:
    a) that the offence motivating the letters rogatory is an extraditable offence according to Romanian law,
    b) that execution of the letters rogatory is consistent with Romanian law.

    2. Article 7, paragraph 3:
    The service of a summons on an accused person who is in the Romanian territory, will be notified to the competent Romanian authority at the latest 40 days before the date set for the appearance.

    3. Article 15, paragraph 6:
    a) the requests for mutual assistance during investigation and prosecution will be sent to the Public Prosecutor´s Department at the Supreme Court of Justice of Romania,
    b) the requests for mutual assistance during the proceedings will be sent to the Ministry of Justice,
    c) the requests for mutual assistance to which reference is made in Article 15, paragraph 3, will be sent to the Ministry of Home Affairs,
    d) in case of urgency, the requests for letters rogatory can be sent directly to the judicial authorities or to the prosecuting authorities at the former, a copy being sent to the Ministry of Justice or to the Public Prosecutor´s Department at the Supreme Court of Justice of Romania, according to the case.

    4. Article 16, paragraph 2:
    Requests for mutual assistance and annexed documents, addressed to the Romanian judicial authorities in accordance with this Convention, will be accompanied by a translation into one of the official languages of the Council of Europe.

    5. Article 24:
    For the purpose of the Convention, Romanian judicial authorities are deemed to be the judicial authorities, the prosecuting authorities at them, the Ministry of Justice and the Public Prosecutor´s Department at the Supreme Court of Justice and, for the requests for mutual assistance to which reference is made in Article 15, paragraph 3, the Ministry of Home Affairs.

  • RUOTSI
    Sitoutumispäivä: 01.02.1968 R
    Voimaantulopäivä: 01.05.1968
    Varauma:

    Article 7
    Service of a summons on a person who is in Sweden must be transmitted to the Swedish authorities at least 30 days before the date fixed for appearance.

    Article 2
    A request for assistance may be refused if in Sweden a judgment or decision on waiver of prosecution has been issued concerning the same act.

    Article 26
    The Agreement of 26 April 1974 between Sweden, Denmark, Finland, Iceland and Norway on mutual assistance through service and collection of evidence shall apply.

    Article 5 (1)
    Sweden will make the execution of letters rogatory for search and seizure subject to the conditions laid down in paragraph 1, subparagraph a) and c).

    Article 11
    A person in Sweden who has been deprived of liberty may be transferred to another State if the questioning or confrontation concerns matters other than the investigation of the criminal liability of the person deprived of liberty.

    Article 16
    The application together with the appendices shall be translated to Swedish, Danish or Norwegian, unless the authority dealing with the application otherwise allows in the individual case.

    Article 22
    Notifications concerning subsequent measures wil be given to the extent that this is possible, according to Swedish regulations.

    Article 24
    For the purposes of the Convention Sweden deems courts and prosecutors to be judicial authorities.

  • SAKSA
    Sitoutumispäivä: 02.10.1976 R
    Voimaantulopäivä: 01.01.1977
    Varauma:

    Article 5
    Search and seizure of property is permitted only if the conditions of Article 5, paragraph 1.a and c of the European Convention on Mutual Assistance in Criminal Matters have been met.

    Article 7
    A request for the service of the summons on an accused person who is in the territory of the Federal Republic of Germany will, on principle, be executed only if it is received by the German authorities, at the latest one month before the date set for the appearance of the accused person.

    Article 11
    Transfer of a witness will be refused in all the cases enumerated n paragraph 1, sub-paragraph 2.

    Article 16
    Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language or into one of the official languages of the Council of Europe.

    Article 24
    Judicial authorities for the purposes of this Convention are.
    * der Bundesminister der Justiz, Bonn-Bad-Godesberg (the Federal Minister of Justice);
    * der Bundesgerichtshof, Karlsruhe (the Federal Court of Justice);
    * der Generalbundesanwalt bei dem Bundesgerichtshof, Karlsruhe (the Federal Prosecutor-General at the Federal Court of Justice);
    * das Justizministerium Baden-Württemberg, Stuttgart (the Ministry of Justice of Baden-Württemberg);
    *das Bayerische Staatsministerium der Justiz, München (the Bavarian State Ministry of Justice);
    * der Senator für Justiz, Berlin (the Senator of Justice);
    *der Senator für Rechtspflege und Strafvollzug, Bremen (the Senator for Judicial and Penal Affairs);
    * die Justizbehörde der Freien und Hansestadt Hamburg, Hamburg (the Judicial Authority of the Free and Hanseatic City of
    Hamburg);
    *der Hessische Minister der Justiz, Wiesbaden (the Hessian Minister of Justice);
    * der Niedersächsische Minister der Justiz, Hannover (the Minister of Justice of Lower Saxony);
    * der Justizminister des Landes Nordrhein-Westfalen, Düsseldorf (the Minister of Justice of Land Northrhine/Westphalia);
    * das Ministerium der Justiz des Landes Rheinland-Pfalz, Mainz (the Ministry of Justice of Land Rhineland-Palatinate);
    * der Minister für Rechtspflege des Saarlandes, Saarbrücken (the Minister for Judicial Affairs of the Saarland);
    *der Justizminister des Landes Schleswig-Holstein, Kiel (the Minister of Justice of Land Schleswig-Holstein);
    * das Bayerische Oberste Landesgericht, München (the Bavarian Supreme Court);
    * die Oberlandesgerichte (the Higher Regional Courts);
    *die Landgerichte (the Regional Courts);
    * die Amtsgerichte (the Local Courts);
    * die Staatsanwaltschaft bei dem Bayerischen Obersten Landesgerichts, München (the Directorate of Prosecutions at the Bavarian Supreme Court);
    *die Staatsanwaltschaften bei den Oberlandesgerichten (the Directorates of Prosecutions at the Higher Regional Courts);
    *die Staatsanwaltschaften bei den Landgerichten (the Directorates of Prosecutions at the Regional Courts);
    * die Zentrale Stelle der Landesjustizverwaltungen zur Aufklärung Nationalsozialistischer Verbrechen, Ludwigsburg (Central Office of the Land Judicial Administrations for the Investigation of National Socialist Crimes);
    *Das Ministerium der Justiz des Landes Brandenburg, Potsdam (the Ministry of Justice of Land Brandenburg);
    *der Minister für Justiz, Bundes- und Europaangelegenheiten des Landes Mecklenburg-Vorpommern, Schwerin (the Minister for Justice, Federal and European Affairs of Land Mecklenburg-Western Pomerania),
    *das Sächsische Staatsministerium der Justiz, Dresden (the Saxon State Ministry of Justice),
    *das Ministerium der Justiz des Landes Sachsen-Anhalt, Magdeburg (the Ministry of Justice of Land Saxony-Anhalt);
    *das Thüringer Ministerium für Justiz, Bundes- und Europaangelegenheiten, Erfurt (the Thuringian Ministry of Justice, Federal and European Affairs).

  • SAN MARINO
    Sitoutumispäivä: 18.03.2009 R
    Voimaantulopäivä: 16.06.2009
    Varauma:

    Article 5

    Concerning Article 5, paragraph 1 of the Convention, the Republic of San Marino declares that it reserves the right to accept requests for judicial assistance under the conditions referred to in Article 5 a) and c).

    Article 7

    Concerning Article 7, paragraph 3 of the Convention, the Republic of San Marino declares that it will only grant legal assistance within its territory if summons are transmitted to the San Marino relevant authority 40 days before the date set for the appearance.

    Article 15

    Concerning Article 15, paragraph 6 of the Convention, the Republic of San Marino declares that any request for legal assistance and any document thereto shall be submitted directly to the relevant judicial authority and a copy shall be forwarded to the Secretary of State for Justice. The Republic of San Marino declares that, for the purposes of this Convention, the San Marino Single Court shall be the relevant judicial authority.

    Article 16

    Concerning Article 16, paragraph 2 of the Convention, the Republic of San Marino declares that any request for legal assistance and document thereto submitted to the San Marino Authorities and drafted in a language other than Italian, shall be accompanied by a translation into Italian.

    Article 26

    Concerning Article 26 paragraph 4 of the Convention, the Republic of San Marino declares that all the provisions included in bilateral agreements with Contracting Parties regarding legal assistance in criminal matters will remain in force insofar as they are not inconsistent with the provisions of this Convention.

    Article 2

    Concerning Article 2 of the Convention, the Republic of San Marino reserves the right to grant legal assistance under the condition that the results of inquiries as well as information, acts and documents transmitted shall neither be used nor transmitted, without previous consent, by the Requesting Party for purposes different from those stated in the request.

    Concerning Article 2 of the Convention, the Republic of San Marino reserves the right to refuse legal assistance if the person subject of the request has been convicted for the same fact by a final judgement of the San Marino Judicial Authority.

    Article 22

    Concerning Article 22 of the Convention, the Republic of San Marino declares that, due to organisational reasons, the Registry of the San Marino is not able to guarantee a systematic exchange of information regarding decisions contained in the judicial records. Nevertheless, the Republic of San Marino shall provide information regarding criminal ruling in the judicial records following a specific request from the relevant foreign judicial authorities.

    Article 24
    Concerning Article 24 of the Convention, the Republic of San Marino declares that for the purposes of this Convention, the term Judicial Authorities shall be referred to:

    - Law Commissioner – Investigating Judge (Commissario della Legge – Giudice inquirente)
    - Law Commissioner – Trial Judge (Commissario della Legge – Giudice decidente)
    - Public Attorney (Procuratore del Fisco)
    - Judge of Appeal in Criminal Matters (Giudice di appello penale)
    - Judge of Third Instance in Criminal Matters (Giudice per la Terza Instanza penale)
    - Judge of Extraordinary Remedies in Criminal Matters (Giudice per i Rimedi straordinari in materia penale)
    - Council of Guarantors for the Constitutionality of Rules (Collegio Garante della costituzionalità delle norme)

  • SERBIA
    Sitoutumispäivä: 30.09.2002 L
    Voimaantulopäivä: 29.12.2002
    Varauma:

    In accordance with Article 1, paragraph 1, of the Convention, the Federal Republic of Yugoslavia shall grant legal assistance only in proceedings related to the criminal acts stipulated by the laws of the Federal Republic of Yugoslavia, whose criminal prosecution, at the moment legal assistance is requested, falls within the jurisdiction of the Yugoslav courts are competent.

    In accordance with Article 7, paragraph 3, of the Convention, the Federal Republic of Yugoslavia shall serve court summons issued to the name of a person against whom criminal proceedings have been initiated, residing in its territory, only if the summons is transmitted to the competent judicial authority 30 days before the date set for the appearance in the court by the said person.

    In accordance with Article 15, paragraph 6, of the Convention and in connection with implementation of Article 15, paragraph 2, of the Convention, the Federal Republic of Yugoslavia requests that a copy of the letter requesting legal assistance be transmitted to the Federal Ministry of Justice.

    In accordance with Article 24 of the Convention, the Federal Republic of Yugoslavia hereby states that judicial authorities, for the purposes of the present Convention, shall be considered regular courts and Public i.e. State Prosecutor´s Offices.

  • SLOVAKIA
    Sitoutumispäivä: - VS
    Voimaantulopäivä: 01.01.1993
    Varauma:

    Under the terms of Article 5.1.a and 5.1.c the execution of letters rogatory for search or seizure of property will be made on conditions that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the Slovak Republic and the execution of the letters rogatory is consistent with the law of the Slovak Republic.

    Declarations
    Article 15, paragraph 6
    Letters rogatory referred to in Articles 3, 4 and 5 shall be addressed to the Ministry of Justice of the Slovak Republic if the proceedings in the requesting country have reached the trial stage. In all other cases they shall be addressed to the General Prosecutor´s Office of the Slovak Republic.
    Applications referred to in Article 11 shall be addressed to the Ministry of Justice of the Slovak Republic.
    Requests referred to in Article 13, paragraph 1, and information under Article 21, paragraph 1, shall be addressed to the General Prosecutor´s Office of the Slovak Republic.

    Article 16, paragraph 2
    The Slovak Republic invites the other Contracting Parties to present their requests and supporting documents which are not drawn in either Slovak or one of the official languages of the Council of Europe together with a translation into one of these languages.

    Article 24
    For the purposes of this Convention, the following are deemed to be judicial authorities in the Slovak Republic: the Ministry of Justice of the Slovak Republic, the General Prosecutor´s Office of the Slovak Republic, all courts and prosecutor´s offices irrespective of their denomination.

    Article 7
    In accordance with the European Convention on Mutual Assistance in Criminal Matters, the service of a summons on an accused person who is in the territory of the Slovak Republic shall be transmitted to the respective authorities of the Slovak Republic at least 30 days before the date set for appearance.

  • SLOVENIA
    Sitoutumispäivä: 19.07.2001 R
    Voimaantulopäivä: 17.10.2001
    Varauma:

    Declarations

    In accordance with Article 5, the Republic of Slovenia reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the following conditions:

    a. that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the Republic of Slovenia;

    b. that execution of the letters rogatory is consistent with the law of the Republic of Slovenia.

    In accordance with Article 16, paragraph 2, the Republic of Slovenia reserves the right to require that requests and annexed documents be addressed to it accompanied by a translation into Slovenian.

    In accordance with Article 24, the Republic of Slovenia will, for the purposes of the Convention, deem to be judicial authorities the courts and the State prosecutor´s offices.

  • SVEITSI
    Sitoutumispäivä: 20.12.1966 R
    Voimaantulopäivä: 20.03.1967
    Varauma:

    Article 1
    The Swiss Federal Council declares that the following authorities shall be regarded as Swiss judicial authorities for the purposes of the Convention:
    * the Tribunals, their courts, chambers or sections;
    * the Public Prosecutor (Ministère public) of the Confederation;
    * the Federal Office of Justice;
    * the authorities empowered by cantonal or federal law to hold an enquiry in criminal cases, to issue warrants or summonses (mandats de répressions) and to take decisions in a procedure connected with a criminal case. Since the
    denominations of the function of such authorities vary, the competent authority will, whenever necessary at the time of transmitting a request for assistance, expressly confirm that it is a judicial authority within the meaning of the Convention.

    Article 2
    a. Switzerland also reserves the right to refuse assistance if the act motivating the request is the subject, in Switzerland, of criminal proceedings against the same person or if a criminal judgment on the merits has been delivered in Switzerland in respect of the act and of the guilt of the accused;
    b. Switzerland reserves the right to afford mutual assistance under the Convention only on the express condition that the results of investigations made in Switzerland and the information contained in documents or files transmitted are used solely for the purpose of examining and trying the offences in respect of which mutual assistance is provided;
    c. The requesting State may make use of the results of investigations made in Switzerland and the information contained in documents or files transmitted notwithstanding the condition mentioned under letter b, when the facts giving rise to the request constitute another offence for which mutual assistance may be granted by Switzerland or where the criminal proceedings in the requesting State are directed against other persons who have participated in the commission of the offence.

    Article 5, paragraph 1
    The Swiss Federal Council declares that Switzerland will make the execution of all letters rogatory requiring the application of any coercive measure dependent on the condition stated in Article 5, paragraph 1.a of the Convention.

    Article 7, paragraph 3
    Switzerland demands that all requests for the service of a summons on an accused person who is in Switzerland should reach the Swiss Authority which is competent under Article 15, paragraph 4, not later than 30 days before the date set for appearance.

    Article 11, paragraph 3
    Article 13, paragraph 1
    Article 15, paragraphs 1 and 3

    The Swiss Federal Council declares that the competent authorities in Switzerland for the issue of warrants for the arrest of persons in custody who are transferred to the Swiss authorities under Article 11, paragraphs 1 and 2, of the Convention is the Federal Office of Justice of the Federal Department of Justice and Police in Berne

    The list of the Swiss central authorities territorially competent to which a request can be addressed, can be consulted online at the following address: http://www.elorge.admin.ch.

    The Swiss Federal Coucil declares that the competent authorities in Switzerland are:
    1. the Federal Office of Justice of the Federal Department of Justice and Police in Berne, for the receipt or transmission of all requests for mutual assistance emanating from abroad or from Switzerland which Article 15 requires to be transmitted by the Ministry of Justice of the requesting Party of the Ministry of Justice of the requested Party; and
    2. the Federal Office of Justice in Berne, for the submission and receipt of requests for extracts from judicial records, in accordance with the first sentence of Article 15, paragraph 3.

    Article 12, paragraph 3
    The Swiss Federal Council declares that, for the Swiss authorities, the condition contained in Article 12, paragraph 3, for the cessation of immunity is - unlike the condition laid down in Article 14 of the European Convention on Extradition - only fulfilled when the witness, expert or accused person at liberty is not prevented by any legal or practical obstacle from freely leaving the territory of the requesting State.

    Article 13, paragraph 2
    Since anybody may obtain extracts from his own judicial record, Switzerland reserves the right not to comply with requests made under Article 13, paragraph 2, unless it is established that it is necessary to obtain such extract through official channels.

    Article 16, paragraph 2
    Switzerland demands that all requests for mutual assistance and annexes thereto addressed to its authorities, with the exception of requests for the service of summonses, be accompanied by a translation into French, German or Italian, if they are not drawn up in one of these languages.

  • TANSKA
    Sitoutumispäivä: 13.09.1962 R
    Voimaantulopäivä: 12.12.1962
    Varauma:

    Article 2
    Assistance may be refused if the judicial authorities of Denmark or those of a third State have instituted legal proceedings against the accused for the offence which gave rise to proceedings in the requesting State; or if the accused has been convicted or acquitted by a final judgment given by the judicial authorities of Denmark or by those of a third State in respect of the offence which gave rise to proceedings in the requesting State; or if the said authorities have decided to waive or to discontinue proceedings in respect of the same offence.

    Article 3, paragraph 2
    A request for evidence to be taken on oath from a witness or expert may be refused if the competent Danish court does not consider the oath to be necessary.

    Article 7, paragraph 1
    A request for service to be effected otherwise than by a simple transmission of the writ to the person to be served may be refused.

    Article 11, paragraph 2
    The Danish Government reserves its position on the whole of this clause.

    Article 13, paragraph 1
    The obligation to communicate extracts from judicial records under this provision shall apply only to the criminal record of a person charged with an offence.

    Article 13, paragraph 2
    The Danish Government reserves its position on the whole of this clause.
    Article 5

    A request for search or seizure may be refused if the conditions laid down in sub-paragraph a and c of Article 5, paragraph 1, are not fulfilled.

    Article 7

    A summons to be served on a person charged with an offence who is in Danish territory must be transmitted to the competent Danish authority at least 30 days before the date set for appearance.

    Article 16

    Requests and annexed documents from countries other than Austria, France, the Federal Republic of Germany, Ireland, Norway, Sweden or the United Kingdom must be accompanied by a translation into either Danish or one of the official languages of the Council of Europe. With regard to longer documents, the Danish Government reserves the right, in any specific case, to require a Danish translation or to have one made at the expense of the requesting State.

    Article 24

    The term "judicial authorities" in Denmark means the Courts of Law and the Department of Public Prosecutions which itself, according to the Danish judicature and procedural code, includes the Ministry of Justice, the Attorney-General, the prosecutors, the Copenhagen Prefect of Police and the Police Commissioners.

    Article 26

    The Protocol on mutual legal assistance concluded on 26 June 1957 between Denmark, Norway and Sweden will remain in force.

  • TSHEKKI
    Sitoutumispäivä: - VS
    Voimaantulopäivä: 01.01.1993
    Varauma:

    Article 5

    Under the terms of Article 5.1.a and 5.1.c the execution of letters rogatory for search or seizure of property will be made on conditions that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the Czech Republic and the execution of the letters rogatory is consistent with the law of the Czech Republic.

    Article 15

    Within the meaning of Article 15, paragraph 6 of the European Convention on Mutual Assistance in Criminal Matters, the letters rogatory relating to a criminal matter shall be addressed to the General Attorney Office of the Czech Republic before the case is brought before a court and to the Ministry of Justice of the Czech Republic after it has been brought before a court.

    Article 7

    In accordance with the European Convention on Mutual Assistance in Criminal Matters, the service of a summons on an accused person who is in the territory of the Czech Republic shall be transmitted to the respective authorities of the Czech Republic at least 30 days before the date set for appearance.

    Article 24

    In compliance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters and Article 8 of its Additonal Protocol, I declare that, for the purposes of the Convention and its Additional Protocol, the following authorities shall be considered as judicial authorities: the Office of the Supreme Prosecutor of the Czech Republic, the Regional and District Offices of the Prosecutors, the Town Prosecutor's Office in Prague, the Ministry of Justice of the Czech Republic, the Regional and District Courts and the Town Court in Prague.

  • TURKKI
    Sitoutumispäivä: 24.06.1969 R
    Voimaantulopäivä: 22.09.1969
    Varauma:

    Article 5

    The execution of letters rogatory for search or seizure of property shall be dependent on the conditions stipulated in paragraph 1.a, b. and c.

    Article 7, paragraph 3

    Service of summons on an accused person who is in the territory of the Turkish Republic shall be effected by transmission to the proper Turkish authorities at least 40 days before the date set for appearance.

  • UKRAINA
    Sitoutumispäivä: 11.03.1998 R
    Voimaantulopäivä: 09.06.1998
    Varauma:

    Article 2
    Ukraine reserves the right not to comply with a request for assistance if
    a. there are good grounds for believing that it is aimed at prosecuting, convicting or punishing a person because of his/her race, coulour of skin, political, religious and other convictions, sex, ethnic and social origin, social status, place of residence, language and other indications;

    b. compliance with the request is incompatible with the principle "non bis in idem" ("there shall not be two punishments for the same offence");

    c. the request concerns an offence that is the subject of investigation and judicial consideration in Ukraine.

    Article 5, paragraph 1
    Ukraine will comply with judicial decisions concerning search and seizure of property on the condition foreseen by Article 5, paragraph 1, subparagraph c.

    Article 7, paragraph 3
    Summons on the defendant who is on the territory of Ukraine shall be transmitted to the authorities concerned not later than 40 days before the date set for the appearance before the court.

    Article 16, paragraph 2
    Requests and annexed documents shall be sent to Ukraine together with a translation into Ukrainian or into one of the official languages of the Council of Europe unless they are drawn up in those languages.

    Article 24
    For the purposes of the Convention, "judicial bodies" of Ukraine are courts of general jurisdiction, public prosecutors of all levels and bodies of pre-trial investigation.

    Article 15
    The Ministry of Justice of Ukraine (in case of requests by courts) and the Prosecutor-General's Office of Ukraine (in case of letters rogatory by bodies of pre-trial investigation) shall be the authorities to which reference is made in article 15, paragraph 1 of the Convention.

  • UNKARI
    Sitoutumispäivä: 13.07.1993 R
    Voimaantulopäivä: 11.10.1993
    Varauma:

    Article 2
    Hungary reserves the right to afford assistance only in procedures instituted in respect of such offences, which are also punishable under Hungarian law.

    Article 13, paragraph 1
    Extracts from or information on the judicial records will be made available only in respect of an individual who has been charged or brought to trial.

    Article 13, paragraph 2
    The assistance referred to in this paragraph can not be given in Hungary.

    Article 5
    Search and seizure will be executed in Hungary on condition provided for in subparagraph c.

    ---
    Summons on persons staying in Hungary will only be served, if the summons is transmitted to the competent Hungarian authority at least 40 days before the date set for appearance.

    Article 15
    Hungary declares that requests addressed to its judicial authorities for assistance shall be sent to the Ministry of Justice.

    Article 16
    A translation of the request for assistance and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, will be required, if they are not drawn up in these languages.

    Article 22
    Hungary declares that it will not inform other Contracting Parties automatically of criminal convictions and susequent measures referred to in this article.

    Article 24
    For the purpose of the Convention the following shall be deemed judicial authorities in Hungary: courts, public prosecutor's offices, the Ministry of Justice and the Chief Public Prosecutor's Office.

  • VENÄJÄ
    Sitoutumispäivä: 10.12.1999 R
    Voimaantulopäivä: 09.03.2000
    Varauma:

    Reservations
    1) In accordance with Article 23, paragraph 1 of the Convention the Russian Federation declares that in addition to the grounds provided for in Article 2 of the Convention assistance may be refused in one of the following cases:

    a) if the person who is suspected or accused of an offence in the requesting State stands trial, or was convicted or acquitted in connection with this offence in the Russian Federation or in a third State, or in whose respect in the Russian Federation or in a third State a court decision has been passed not to commence a case or terminate the proceedings, in respect of which the request for assistance has been made;
    b) if the criminal proceedings or the enforcement of a sentence are impossible due to the expiration of period of limitation in accordance with the law of the Russian Federation.

    2) In accordance with Article 3 of the Convention the Russian Federation reserves the right to refuse to execute letters rogatory for procuring evidence, if the persons concerned used their right, granted to them by the law of the Russian Federation, not to give any evidence at all or in the relevant case.

    3) In accordance with Article 5 of the Convention the Russian Federation reserves the right to make the execution of letters rogatory for search or seizure of property dependent only on the conditions, provided for in subparagraphs "a", "b", "c", paragraph 1 of the said article of the Convention;

    4) In accordance with Article 7 of the Convention the Russian Federation declares that letters rogatory for service of summons should be transmitted not less than 50 days before the date set for appearance.

    5) In accordance with Article 11 of the Convention the Russian Federation declares that in their request for temporary transfer of the person in custody for interrogation as a witness or for the purpose of confrontation, the competent authorities of the requesting State should provide the following information:

    a) full name of the person and, if possible, the place of his/her custody;
    b) summary of the offence, time and place of its commitment;
    c) circumstances to be clarified during interrogation or confrontation;
    d) period during which the presence of this person in the requesting State is required.

    6) In accordance with Article 11, paragraph 2 of the Convention the Russian Federation declares that request for transit of a person in custody shall be addressed to the Prosecutor-General´s Office of the Russian Federation.

    7) In accordance with Article 15, paragraph 6, of the Convention the Russian Federation declares that while rendering assistance in accordance with Articles 3, 4 and 5 of the Convention the designated authorities of the Contracting Parties communicate with:

    * the Supreme Court of the Russian Federation - in matters of judicial activity of the Supreme Court of the Russian Federation, and the Ministry of Justce of the Russian Federation - in matters, related to the activities of other courts;
    * the Ministry of Internal Affairs of the Russian Federation - in respect of letters rogatory, which do not require the sanction of a judge or a prosecutor and relate to conducting an inquiry and preliminary investigation into cases within the competence of bodies of the Ministry of Internal Affairs of the Russian Federation;
    * the Federal Security Service of the Russian Federation - in respect of letters rogatory, which do not require the sanction of a judge or a prosecutor and relate to conducting an inquiry and preliminary investigation into cases within the competence of the bodies of the Federal Security Service;
    * the Federal Tax Police Service of the Russian Federation - in respect of letters rogatory, which do not require the sanction of a judge or a prosecutor and relate to conducting an inquiry and preliminary investigation into cases within the competence of the bodies of the Federal Tax Police;
    * the Prosecutor-General´s Office of the Russian Federation - in all other cases of inquiry and preliminary investigation.

    In case of urgency, requests may be addressed directly by the judicial authorities of the requesting State to the judicial authorities of the Russian Federation as stipulated in the reservation to Article 24 of the Convention. A copy of letters rogatory shall be transmitted at the same time to the appropriate central competent authority.
    Requests, provided for in Article 13, paragraph 2 of the Convention shall be addressed to the Ministry of Justice of the Russian Federation or the Prosecutor-General´s Office of the Russian Federation.
    The Supreme Court of the Russian Federation and the Prosecutor-General´s Office of the Russian Federation shall, if the authority which issues letters rogatory for legal assistance so requests, consider the possibility of applying procedural laws of the requesting foreign state when executing letters rogatory, if it is consistent with the law of the Russian Federation.

    8) The Russian Federation declares that requests for assistance and annexed documents, addressed to the Russian Federation in accordance with Article 16, paragraph 2 of the Convention should be accompanied by a translation into the Russian language.

    9) The Russian Federation declares that in accordance with Article 22 of the Convention the Russian Federation shall inform other Contracting Parties of measures, subsequent to the conviction of their nationals on a reciprocal basis and only in respect of information, recognized as official in accordance with the law of the Russian Federation.´

    10) the Russian Federation declares that for the purposes of this Convention set forth in Article 24 of the Convention courts and bodies of the prosecutor´s office shall be deemed judicial authorities of the Russian Federation.

    Declarations
    1) The Russian Federation proceeds from the understanding that the provisions of Article 2 of the Convention shall be applied in such a manner as to ensure inevitabilty of responsibility for the crimes coming within the Convention.

    2) The Russian Federation proceeds from the understanding that the law of the Russian Federation does not contain a concept of "political offence". In all cases in deciding whether to render assistance, the Russian Federation shall not consider as "political offences" or "offences related to political offences" in the following acts:

    a) crimes against humanity provided for in Articles II and III of the Convention on the Prevention and Punishment of the Crime of Genocide (1948), Articles II and III of the Convention on the Suppression and Punishment of the Crime of Apartheid (1973), and Articles 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1948);
    b) crimes provided for in Article 50 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949), Article 51 of the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949), Article 130 of the Geneva Convention relative to the Treatment of Prisoners of War (1949), Article 147 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), Article 85 of Protocol I Additinal to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts (1977), Articles 1 and 4 of Protocol II Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (1977);
    c) offences provided for in the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971), the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the above-mentioned Convention of 1971;
    d) crimes provided for in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973);
    e) crimes provided for in the International Convention against the Taking of Hostages (1979);
    f) offences provided for in the Convention on the Physical Protection of Nuclear Materials (1980);
    g) offences provided for in the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988);
    h) other comparable crimes provided for in multilateral international agreements to which the Russian Federation is a party.

  • VIRO
    Sitoutumispäivä: 28.04.1997 R
    Voimaantulopäivä: 27.07.1997
    Varauma:

    1) Pursuant to Article 23, paragraph 1 and Article 2 of the Convention, the Republic of Estonia reserves the right to refuse her assistance in case the request concerns an act which is not considered an offence under Estonian laws;

    2) Pursuant to Article 5, paragraph 1, of the Convention, the Republic of Estonia declares that she will only execute the letters rogatory for search or seizure of property on conditions given in Article 5, paragraph 1, sub-paragraph (c);

    3) Pursuant to Article 7, paragraph 3, of the Convention, the Republic of Estonia declares that the service of summons on an accused person who is in the Estonian territory shall be transmitted not later than 40 days before the date of trial;

    4) Pursuant to Article 15, paragraph 6, of the Convention, the Republic of Estonia declares that a copy of the letters rogatory addressed directly to her judicial authorities shall be transmitted to the Ministry of Justice;

    5) Pursuant to Article 16, paragraph 2, of the Convention, the Republic of Estonia declares that requests and annexed documents addressed to the Estonian authorities shall be accompanied by a translation into English;

    6) Pursuant to Article 24 of the Convention, the Republic of Estonia declares that for the purposes of this Convention, the judicial authorities for Estonia shall be the courts, the State Prosecutor´s Office, the Ministry of Justice and the Ministry of Internal Affairs.

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