Strasbourg, 31 August 2011 PC-OC (2011) 15 EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC)

Transcription

1 Strsourg, 31 August 2011 PC-OC (2011) 15 [PC-OC/Documents 2011/ PC-OC(2011)15 Eng only] Eng Only EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC) COMMITTEE OF EXPERTS ON THE OPERATION OF EUROPEAN CONVENTIONS ON CO-OPERATION IN CRIMINAL MATTERS PC-OC Proposls y Mr Miroslv Kuíček (Czech Repulic) Consolidted document reflecting the pplicle provisions of the Europen Convention on Mutul Assistnce in Criminl Mtters nd its two Additionl Protocols Europen Trety Series - Nos. 030 & 099 & 182

2 PC-OC (2011) 15 2 IMPORTANT NOTES: A. When pplying those provisions of the Europen Convention on Mutul Assistnce in Criminl Mtters tht hve een chnged in or dded to the following text s provisions following from its dditionl protocols, it is necessry to first identify whether oth the requesting nd the requested Sttes hve rtified the respective dditionl protocol. Lists of Stte Prties to the Europen Convention on Mutul Assistnce in Criminl Mtters nd to its dditionl protocols re ville t the Council of Europe s Trety Office wesite: For the Europen Convention on Mutul Assistnce in Criminl Mtters: For the Additionl Protocol to the Europen Convention on Mutul Assistnce in Criminl Mtters: For the Second Additionl Protocol to the Europen Convention on Mutul Assistnce in Criminl Mtters: B. Furthermore, when pplying ny provision of the Europen Convention on Mutul Assistnce in Criminl Mtters or its dditionl protocols, it is necessry to first identify wht (if ny) reservtions nd declrtions the requesting nd the requested Sttes hve mde to the Europen Convention on Mutul Assistnce in Criminl Mtters nd/or to the respective dditionl protocol. Lists of reservtions nd declrtions to the Europen Convention on Mutul Assistnce in Criminl Mtters nd to its dditionl protocols re ville t the Council of Europe s Trety Office wesite: For the Europen Convention on Mutul Assistnce in Criminl Mtters: For the Additionl Protocol to the Europen Convention on Mutul Assistnce in Criminl Mtters: For the Second Additionl Protocol to the Europen Convention on Mutul Assistnce in Criminl Mtters: C. The Europen Convention on Mutul Assistnce in Criminl Mtters nd its dditionl protocols re ll ccompnied y explntory reports to id in interpreting the respective instruments. Texts of these explntory reports re ville t the Council of Europe s Trety Office wesite: For the Europen Convention on Mutul Assistnce in Criminl Mtters: For the Additionl Protocol to the Europen Convention on Mutul Assistnce in Criminl Mtters: For the Second Additionl Protocol to the Europen Convention on Mutul Assistnce in Criminl Mtters: D. The following compiled text of the Europen Convention on Mutul Assistnce in Criminl Mtters with chnges following from its dditionl protocols is not inding nd is to e used only for reference nd s supplementry tool to simplify orienttion of prctitioners.

3 3 PC-OC (2011) 15 EUROPEAN CONVENTION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS with chnges following from ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS nd SECOND ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS Premle The governments signtory hereto, eing memers of the Council of Europe, Considering tht the im of the Council of Europe is to chieve greter unity mong its memers; Believing tht the doption of common rules in the field of mutul ssistnce in criminl mtters will contriute to the ttinment of this im; Considering tht such mutul ssistnce is relted to the question of extrdition, which hs lredy formed the suject of Convention signed on 13th Decemer 1957, Hve greed s follows: ADDITIONAL PROTOCOL: The memer Sttes of the Council of Europe, signtory to this Protocol, Desirous of fcilitting the ppliction of the Europen Convention on Mutul Assistnce in Criminl Mtters opened for signture in Strsourg on 20th April 1959 (hereinfter referred to s the Convention ) in the field of fiscl offences; Considering it lso desirle to supplement the Convention in certin other respects, Hve greed s follows: SECOND ADDITIONAL PROTOCOL: The memer Sttes of the Council of Europe, signtory to this Protocol, Hving regrd to their undertkings under the Sttute of the Council of Europe; Desirous of further contriuting to sfegurd humn rights, uphold the rule of lw nd support the democrtic fric of society; Considering it desirle to tht effect to strengthen their individul nd collective ility to respond to crime; Decided to improve on nd supplement in certin spects the Europen Convention on Mutul Assistnce in Criminl Mtters done t Strsourg on 20 April 1959 (hereinfter referred to s the Convention ), s well s the Additionl Protocol thereto, done t Strsourg on 17 Mrch 1978; Tking into considertion the Convention for the Protection of Humn Rights nd Fundmentl Freedoms, done t Rome on 4 Novemer 1950, s well s the Convention for the Protection of Individuls with regrd to Automtic Processing of Personl Dt, done t Strsourg on 28 Jnury 1981,

4 PC-OC (2011) 15 4 Hve greed s follows: Chpter I Generl provisions Article 1 SECOND ADDITIONAL PROTOCOL (Article 1): Scope 1 The Contrcting Prties undertke to fford ech other, in ccordnce with the provisions of this Convention, the widest mesure of mutul ssistnce in proceedings in respect of offences the punishment of which, t the time of the request for ssistnce, flls within the jurisdiction of the judicil uthorities of the requesting Prty. 2 This Convention does not pply to rrests, the enforcement of verdicts or offences under militry lw which re not offences under ordinry criminl lw. 1 The Prties undertke promptly to fford ech other, in ccordnce with the provisions of this Convention, the widest mesure of mutul ssistnce in proceedings in respect of offences the punishment of which, t the time of the request for ssistnce, flls within the jurisdiction of the judicil uthorities of the requesting Prty. 2 This Convention does not pply to rrests, the enforcement of verdicts or offences under militry lw which re not offences under ordinry criminl lw. 3 Mutul ssistnce my lso e fforded in proceedings rought y the dministrtive uthorities in respect of cts which re punishle under the ntionl lw of the requesting or the requested Prty y virtue of eing infringements of the rules of lw, where the decision my give rise to proceedings efore court hving jurisdiction in prticulr in criminl mtters. 4 Mutul ssistnce shll not e refused solely on the grounds tht it reltes to cts for which legl person my e held lile in the requesting Prty. FROM ADDITIONAL PROTOCOL (Article 3): The Convention shll lso pply to: the service of documents concerning the enforcement of sentence, the recovery of fine or the pyment of costs of proceedings; mesures relting to the suspension of pronouncement of sentence or of its enforcement, to conditionl relese, to deferment of the commencement of the enforcement of sentence or to the interruption of such enforcement. Article 2 Assistnce my e refused: if the request concerns n offence which the requested Prty considers politicl offence, n offence connected with politicl offence, or fiscl offence;

5 5 PC-OC (2011) 15 if the requested Prty considers tht execution of the request is likely to prejudice the sovereignty, security, ordre pulic or other essentil interests of its country. FROM ADDITIONAL PROTOCOL (Article 1): The Contrcting Prties shll not exercise the right provided for in Article 2. of the Convention to refuse ssistnce solely on the ground tht the request concerns n offence which the requested Prty considers fiscl offence. FROM ADDITIONAL PROTOCOL (Article 2): 1 In the cse where Contrcting Prty hs mde the execution of letters rogtory for serch or seizure of property dependent on the condition tht the offence motivting the letters rogtory is punishle under oth the lw of the requesting Prty nd the lw of the requested Prty, this condition shll e fulfilled, s regrds fiscl offences, if the offence is punishle under the lw of the requesting Prty nd corresponds to n offence of the sme nture under the lw of the requested Prty. 2 The request my not e refused on the ground tht the lw of the requested Prty does not impose the sme kind of tx or duty or does not contin tx, duty, customs nd exchnge regultion of the sme kind s the lw of the requesting Prty. Chpter II Letters rogtory Article 3 1 The requested Prty shll execute in the mnner provided for y its lw ny letters rogtory relting to criminl mtter nd ddressed to it y the judicil uthorities of the requesting Prty for the purpose of procuring evidence or trnsmitting rticles to e produced in evidence, records or documents. 2 If the requesting Prty desires witnesses or experts to give evidence on oth, it shll expressly so request, nd the requested Prty shll comply with the request if the lw of its country does not prohiit it. 3 The requested Prty my trnsmit certified copies or certified photostt copies of records or documents requested, unless the requesting Prty expressly requests the trnsmission of originls, in which cse the requested Prty shll mke every effort to comply with the request. FROM SECOND ADDITIONAL PROTOCOL (Article 8): Procedure Notwithstnding the provisions of Article 3 of the Convention, where requests specify formlities or procedures which re necessry under the lw of the requesting Prty, even if unfmilir to the requested Prty, the ltter shll comply with such requests to the extent tht the ction sought is not contrry to fundmentl principles of its lw, unless otherwise provided for in this Protocol.

6 PC-OC (2011) 15 6 Article 4 SECOND ADDITIONAL PROTOCOL (Article 2): Presence of officils of the requesting Prty On the express request of the requesting Prty the requested Prty shll stte the dte nd plce of execution of the letters rogtory. Officils nd interested persons my e present if the requested Prty consents. 1 On the express request of the requesting Prty the requested Prty shll stte the dte nd plce of execution of the letters rogtory. Officils nd interested persons my e present if the requested Prty consents. 2 Requests for the presence of such officils or interested persons should not e refused where tht presence is likely to render the execution of the request for ssistnce more responsive to the needs of the requesting Prty nd, therefore, likely to void the need for supplementry requests for ssistnce. Article 5 1 Any Contrcting Prty my, y declrtion ddressed to the Secretry Generl of the Council of Europe, when signing this Convention or depositing its instrument of rtifiction or ccession, reserve the right to mke the execution of letters rogtory for serch or seizure of property dependent on one or more of the following conditions: c tht the offence motivting the letters rogtory is punishle under oth the lw of the requesting Prty nd the lw of the requested Prty; tht the offence motivting the letters rogtory is n extrditle offence in the requested country; tht execution of the letters rogtory is consistent with the lw of the requested Prty. 2 Where Contrcting Prty mkes declrtion in ccordnce with prgrph 1 of this rticle, ny other Prty my pply reciprocity. Article 6 1 The requested Prty my dely the hnding over of ny property, records or documents requested, if it requires the sid property, records or documents in connection with pending criminl proceedings. 2 Any property, s well s originl records or documents, hnded over in execution of letters rogtory shll e returned y the requesting Prty to the requested Prty s soon s possile unless the ltter Prty wives the return thereof. Chpter III Service of writs nd records of judicil verdicts Appernce of witnesses, experts nd prosecuted persons Article 7 1 The requested Prty shll effect service of writs nd records of judicil verdicts which re trnsmitted to it for this purpose y the requesting Prty. Service my e effected y simple trnsmission of the writ or record to the person to e served. If the requesting Prty expressly so requests, service shll e effected y the requested Prty in the mnner provided

7 7 PC-OC (2011) 15 for the service of nlogous documents under its own lw or in specil mnner consistent with such lw. 2 Proof of service shll e given y mens of receipt dted nd signed y the person served or y mens of declrtion mde y the requested Prty tht service hs een effected nd stting the form nd dte of such service. One or other of these documents shll e sent immeditely to the requesting Prty. The requested Prty shll, if the requesting Prty so requests, stte whether service hs een effected in ccordnce with the lw of the requested Prty. If service cnnot e effected, the resons shll e communicted immeditely y the requested Prty to the requesting Prty. 3 Any Contrcting Prty my, y declrtion ddressed to the Secretry Generl of the Council of Europe, when signing this Convention or depositing its instrument of rtifiction or ccession, request tht service of summons on n ccused person who is in its territory e trnsmitted to its uthorities y certin time efore the dte set for ppernce. This time shll e specified in the foresid declrtion nd shll not exceed 50 dys. This time shll e tken into ccount when the dte of ppernce is eing fixed nd when the summons is eing trnsmitted. FROM SECOND ADDITIONAL PROTOCOL (Article 15): Lnguge of procedurl documents nd judicil decisions to e served 1 The provisions of this rticle shll pply to ny request for service under Article 7 of the Convention or Article 3 of the Additionl Protocol thereto. 2 Procedurl documents nd judicil decisions shll in ll cses e trnsmitted in the lnguge, or the lnguges, in which they were issued. 3 Notwithstnding the provisions of Article 16 of the Convention, if the uthority tht issued the ppers knows or hs resons to elieve tht the ddressee understnds only some other lnguge, the ppers, or t lest the most importnt pssges thereof, shll e ccompnied y trnsltion into tht other lnguge. 4 Notwithstnding the provisions of Article 16 of the Convention, procedurl documents nd judicil decisions shll, for the enefit of the uthorities of the requested Prty, e ccompnied y short summry of their contents trnslted into the lnguge, or one of the lnguges, of tht Prty. FROM SECOND ADDITIONAL PROTOCOL (Article 16): Service y post 1 The competent judicil uthorities of ny Prty my directly ddress, y post, procedurl documents nd judicil decisions, to persons who re in the territory of ny other Prty. 2 Procedurl documents nd judicil decisions shll e ccompnied y report stting tht the ddressee my otin informtion from the uthority identified in the report, regrding his or her rights nd oligtions concerning the service of the ppers. The provisions of prgrph 3 of Article 15 ove shll pply to tht report. 3 The provisions of Articles 8, 9 nd 12 of the Convention shll pply muttis mutndis to service y post. 4 The provisions of prgrphs 1, 2 nd 3 of Article 15 ove shll lso pply to service y post.

8 PC-OC (2011) 15 8 Article 8 A witness or expert who hs filed to nswer summons to pper, service of which hs een requested, shll not, even if the summons contins notice of penlty, e sujected to ny punishment or mesure of restrint, unless susequently he voluntrily enters the territory of the requesting Prty nd is there gin duly summoned. Article 9 The llownces, including susistence, to e pid nd the trvelling expenses to e refunded to witness or expert y the requesting Prty shll e clculted s from his plce of residence nd shll e t rtes t lest equl to those provided for in the scles nd rules in force in the country where the hering is intended to tke plce. Article 10 1 If the requesting Prty considers the personl ppernce of witness or expert efore its judicil uthorities especilly necessry, it shll so mention in its request for service of the summons nd the requested Prty shll invite the witness or expert to pper. The requested Prty shll inform the requesting Prty of the reply of the witness or expert. 2 In the cse provided for under prgrph 1 of this rticle the request or the summons shll indicte the pproximte llownces pyle nd the trvelling nd susistence expenses refundle. 3 If specific request is mde, the requested Prty my grnt the witness or expert n dvnce. The mount of the dvnce shll e endorsed on the summons nd shll e refunded y the requesting Prty. Article 11 SECOND ADDITIONAL PROTOCOL (Article 3): Temporry trnsfer of detined persons to the territory of the requesting Prty 1 A person in custody whose personl ppernce s witness or for purposes of confronttion is pplied for y the requesting Prty shll e temporrily trnsferred to the territory where the hering is intended to tke plce, provided tht he shll e sent ck within the period stipulted y the requested Prty nd suject to the provisions of Article 12 in so fr s these re pplicle. Trnsfer my e refused: 1 A person in custody whose personl ppernce for evidentiry purposes other thn for stnding tril is pplied for y the requesting Prty shll e temporrily trnsferred to its territory, provided tht he or she shll e sent ck within the period stipulted y the requested Prty nd suject to the provisions of Article 12 of this Convention, in so fr s these re pplicle. Trnsfer my e refused if: if the person in custody does not consent, the person in custody does not consent; if his presence is necessry t criminl proceedings pending in the territory of the requested Prty, his or her presence is necessry t criminl proceedings pending in the territory of the requested Prty; c if trnsfer is lile to prolong his detention, or c trnsfer is lile to prolong his or her detention, or d if there re other overriding grounds for not trnsferring him to the territory of the requesting Prty. d there re other overriding grounds for not trnsferring him or her to the territory of the requesting Prty.

9 9 PC-OC (2011) 15 2 Suject to the provisions of Article 2, in cse coming within the immeditely preceding prgrph, trnsit of the person in custody through the territory of third Stte, Prty to this Convention, shll e grnted on ppliction, ccompnied y ll necessry documents, ddressed y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the Prty through whose territory trnsit is requested. A Contrcting Prty my refuse to grnt trnsit to its own ntionls. 3 The trnsferred person shll remin in custody in the territory of the requesting Prty nd, where pplicle, in the territory of the Prty through which trnsit is requested, unless the Prty from whom trnsfer is requested pplies for his relese. 2 Suject to the provisions of Article 2 of this Convention, in cse coming within prgrph 1, trnsit of the person in custody through the territory of third Prty, shll e grnted on ppliction, ccompnied y ll necessry documents, ddressed y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the Prty through whose territory trnsit is requested. A Prty my refuse to grnt trnsit to its own ntionls. 3 The trnsferred person shll remin in custody in the territory of the requesting Prty nd, where pplicle, in the territory of the Prty through which trnsit is requested, unless the Prty from whom trnsfer is requested pplies for his or her relese. FROM SECOND ADDITIONAL PROTOCOL (Article 13): Temporry trnsfer of detined persons to the requested Prty 1 Where there is greement etween the competent uthorities of the Prties concerned, Prty which hs requested n investigtion for which the presence of person held in custody on its own territory is required my temporrily trnsfer tht person to the territory of the Prty in which the investigtion is to tke plce. 2 The greement shll cover the rrngements for the temporry trnsfer of the person nd the dte y which the person must e returned to the territory of the requesting Prty. 3 Where consent to the trnsfer is required from the person concerned, sttement of consent or copy thereof shll e provided promptly to the requested Prty. 4 The trnsferred person shll remin in custody in the territory of the requested Prty nd, where pplicle, in the territory of the Prty through which trnsit is requested, unless the Prty from which the person ws trnsferred pplies for his or her relese. 5 The period of custody in the territory of the requested Prty shll e deducted from the period of detention which the person concerned is or will e oliged to undergo in the territory of the requesting Prty. 6 The provisions of Article 11, prgrph 2, nd Article 12 of the Convention shll pply muttis mutndis. 7 Any Contrcting Stte my t ny time, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, declre tht efore n greement is reched under prgrph 1 of this rticle, the consent referred to in prgrph 3 of this rticle will e required, or will e required under certin conditions indicted in the declrtion.

10 PC-OC (2011) FROM SECOND ADDITIONAL PROTOCOL (Article 14): Personl ppernce of trnsferred sentenced persons The provisions of Articles 11 nd 12 of the Convention shll pply muttis mutndis lso to persons who re in custody in the requested Prty, pursunt to hving een trnsferred in order to serve sentence pssed in the requesting Prty, where their personl ppernce for purposes of review of the judgement is pplied for y the requesting Prty. Article 12 1 A witness or expert, whtever his ntionlity, ppering on summons efore the judicil uthorities of the requesting Prty shll not e prosecuted or detined or sujected to ny other restriction of his personl lierty in the territory of tht Prty in respect of cts or convictions nterior to his deprture from the territory of the requested Prty. 2 A person, whtever his ntionlity, summoned efore the judicil uthorities of the requesting Prty to nswer for cts forming the suject of proceedings ginst him, shll not e prosecuted or detined or sujected to ny other restriction of his personl lierty for cts or convictions nterior to his deprture from the territory of the requested Prty nd not specified in the summons. 3 The immunity provided for in this rticle shll cese when the witness or expert or prosecuted person, hving hd for period of fifteen consecutive dys from the dte when his presence is no longer required y the judicil uthorities n opportunity of leving, hs nevertheless remined in the territory, or hving left it, hs returned. FROM SECOND ADDITIONAL PROTOCOL (Article 9): Hering y video conference 1 If person is in one Prty s territory nd hs to e herd s witness or expert y the judicil uthorities of nother Prty, the ltter my, where it is not desirle or possile for the person to e herd to pper in its territory in person, request tht the hering tke plce y video conference, s provided for in prgrphs 2 to 7. 2 The requested Prty shll gree to the hering y video conference provided tht the use of the video conference is not contrry to fundmentl principles of its lw nd on condition tht it hs the technicl mens to crry out the hering. If the requested Prty hs no ccess to the technicl mens for video conferencing, such mens my e mde ville to it y the requesting Prty y mutul greement. 3 Requests for hering y video conference shll contin, in ddition to the informtion referred to in Article 14 of the Convention, the reson why it is not desirle or possile for the witness or expert to ttend in person, the nme of the judicil uthority nd of the persons who will e conducting the hering. 4 The judicil uthority of the requested Prty shll summon the person concerned to pper in ccordnce with the forms lid down y its lw. 5 With reference to hering y video conference, the following rules shll pply: judicil uthority of the requested Prty shll e present during the hering, where necessry ssisted y n interpreter, nd shll lso e responsile for ensuring oth the identifiction of the person to e herd nd respect for the fundmentl principles of the lw of the requested Prty. If the judicil uthority of the requested Prty is of the view tht during the hering the fundmentl principles of the lw of the requested Prty re eing infringed, it shll immeditely tke the necessry mesures to ensure tht the hering continues in ccordnce with the sid principles;

11 11 PC-OC (2011) 15 c d e mesures for the protection of the person to e herd shll e greed, where necessry, etween the competent uthorities of the requesting nd the requested Prties; the hering shll e conducted directly y, or under the direction of, the judicil uthority of the requesting Prty in ccordnce with its own lws; t the request of the requesting Prty or the person to e herd, the requested Prty shll ensure tht the person to e herd is ssisted y n interpreter, if necessry; the person to e herd my clim the right not to testify which would ccrue to him or her under the lw of either the requested or the requesting Prty. 6 Without prejudice to ny mesures greed for the protection of persons, the judicil uthority of the requested Prty shll on the conclusion of the hering drw up minutes indicting the dte nd plce of the hering, the identity of the person herd, the identities nd functions of ll other persons in the requested Prty prticipting in the hering, ny oths tken nd the technicl conditions under which the hering took plce. The document shll e forwrded y the competent uthority of the requested Prty to the competent uthority of the requesting Prty. 7 Ech Prty shll tke the necessry mesures to ensure tht, where witnesses or experts re eing herd within its territory, in ccordnce with this rticle, nd refuse to testify when under n oligtion to testify or do not testify ccording to the truth, its ntionl lw pplies in the sme wy s if the hering took plce in ntionl procedure. 8 Prties my t their discretion lso pply the provisions of this rticle, where pproprite nd with the greement of their competent judicil uthorities, to herings y video conference involving the ccused person or the suspect. In this cse, the decision to hold the video conference, nd the mnner in which the video conference shll e crried out, shll e suject to greement etween the Prties concerned, in ccordnce with their ntionl lw nd relevnt interntionl instruments. Herings involving the ccused person or the suspect shll only e crried out with his or her consent. 9 Any Contrcting Stte my, t ny time, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, declre tht it will not vil itself of the possiility provided in prgrph 8 ove of lso pplying the provisions of this rticle to herings y video conference involving the ccused person or the suspect. FROM SECOND ADDITIONAL PROTOCOL (Article 10): Hering y telephone conference 1 If person is in one Prty's territory nd hs to e herd s witness or expert y judicil uthorities of nother Prty, the ltter my, where its ntionl lw so provides, request the ssistnce of the former Prty to enle the hering to tke plce y telephone conference, s provided for in prgrphs 2 to 6. 2 A hering my e conducted y telephone conference only if the witness or expert grees tht the hering tke plce y tht method. 3 The requested Prty shll gree to the hering y telephone conference where this is not contrry to fundmentl principles of its lw. 4 A request for hering y telephone conference shll contin, in ddition to the informtion referred to in Article 14 of the Convention, the nme of the judicil uthority nd of the persons who will e conducting the hering nd n indiction tht the witness or expert is willing to tke prt in hering y telephone conference.

12 PC-OC (2011) The prcticl rrngements regrding the hering shll e greed etween the Prties concerned. When greeing such rrngements, the requested Prty shll undertke to: c notify the witness or expert concerned of the time nd the venue of the hering; ensure the identifiction of the witness or expert; verify tht the witness or expert grees to the hering y telephone conference. 6 The requested Prty my mke its greement suject, fully or in prt, to the relevnt provisions of Article 9, prgrphs 5 nd 7. FROM SECOND ADDITIONAL PROTOCOL (Article 12): Restitution 1 At the request of the requesting Prty nd without prejudice to the rights of on fide third prties, the requested Prty my plce rticles otined y criminl mens t the disposl of the requesting Prty with view to their return to their rightful owners. 2 In pplying Articles 3 nd 6 of the Convention, the requested Prty my wive the return of rticles either efore or fter hnding them over to the requesting Prty if the restitution of such rticles to the rightful owner my e fcilitted therey. The rights of on fide third prties shll not e ffected. 3 In the event of wiver efore hnding over the rticles to the requesting Prty, the requested Prty shll exercise no security right or other right of recourse under tx or customs legisltion in respect of these rticles. 4 A wiver s referred to in prgrph 2 shll e without prejudice to the right of the requested Prty to collect txes or duties from the rightful owner. FROM SECOND ADDITIONAL PROTOCOL (Article 17): Cross-order oservtions 1 Police officers of one of the Prties who, within the frmework of criminl investigtion, re keeping under oservtion in their country person who is presumed to hve tken prt in criminl offence to which extrdition my pply, or person who it is strongly elieved will led to the identifiction or loction of the ove-mentioned person, shll e uthorised to continue their oservtion in the territory of nother Prty where the ltter hs uthorised cross-order oservtion in response to request for ssistnce which hs previously een sumitted. Conditions my e ttched to the uthoristion. On request, the oservtion will e entrusted to officers of the Prty in whose territory it is crried out. The request for ssistnce referred to in the first su-prgrph must e sent to n uthority designted y ech Prty nd hving jurisdiction to grnt or to forwrd the requested uthoristion. 2 Where, for prticulrly urgent resons, prior uthoristion of the other Prty cnnot e requested, the officers conducting the oservtion within the frmework of criminl investigtion shll e uthorised to continue eyond the order the oservtion of person presumed to hve committed offences listed in prgrph 6, provided tht the following conditions re met: the uthorities of the Prty designted under prgrph 4, in whose territory the oservtion is to e continued, must e notified immeditely, during the oservtion, tht the order hs een crossed;

13 13 PC-OC (2011) 15 request for ssistnce sumitted in ccordnce with prgrph 1 nd outlining the grounds for crossing the order without prior uthoristion shll e sumitted without dely. Oservtion shll cese s soon s the Prty in whose territory it is tking plce so requests, following the notifiction referred to in. or the request referred to in. or where uthoristion hs not een otined within five hours of the order eing crossed. 3 The oservtion referred to in prgrphs 1 nd 2 shll e crried out only under the following generl conditions: c d e f g The officers conducting the oservtion must comply with the provisions of this rticle nd with the lw of the Prty in whose territory they re operting; they must oey the instructions of the locl responsile uthorities. Except in the situtions provided for in prgrph 2, the officers shll, during the oservtion, crry document certifying tht uthoristion hs een grnted. The officers conducting the oservtion must e le t ll times to provide proof tht they re cting in n officil cpcity. The officers conducting the oservtion my crry their service wepons during the oservtion, sve where specificlly otherwise decided y the requested Prty; their use shll e prohiited sve in cses of legitimte self-defence. Entry into privte homes nd plces not ccessile to the pulic shll e prohiited. The officers conducting the oservtion my neither stop nd question, nor rrest, the person under oservtion. All opertions shll e the suject of report to the uthorities of the Prty in whose territory they took plce; the officers conducting the oservtion my e required to pper in person. h The uthorities of the Prty from which the oserving officers hve come shll, when requested y the uthorities of the Prty in whose territory the oservtion took plce, ssist the enquiry susequent to the opertion in which they took prt, including legl proceedings. 4 Prties shll t the time of signture or when depositing their instrument of rtifiction, cceptnce, pprovl or ccession, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, indicte oth the officers nd uthorities tht they designte for the purposes of prgrphs 1 nd 2 of this rticle. They susequently my, t ny time nd in the sme mnner, chnge the terms of their declrtion. 5 The Prties my, t ilterl level, extend the scope of this rticle nd dopt dditionl mesures in implementtion thereof. 6 The oservtion referred to in prgrph 2 my tke plce only for one of the following criminl offences: ssssintion; murder; rpe; rson; counterfeiting; rmed roery nd receiving of stolen goods; extortion; kidnpping nd hostge tking; trffic in humn eings; illicit trffic in nrcotic drugs nd psychotropic sustnces;

14 PC-OC (2011) rech of the lws on rms nd explosives; use of explosives; illicit crrige of toxic nd dngerous wste; smuggling of liens; sexul use of children. FROM SECOND ADDITIONAL PROTOCOL (Article 18): Controlled delivery 1 Ech Prty undertkes to ensure tht, t the request of nother Prty, controlled deliveries my e permitted on its territory in the frmework of criminl investigtions into extrditle offences. 2 The decision to crry out controlled deliveries shll e tken in ech individul cse y the competent uthorities of the requested Prty, with due regrd to the ntionl lw of tht Prty. 3 Controlled deliveries shll tke plce in ccordnce with the procedures of the requested Prty. Competence to ct, direct nd control opertions shll lie with the competent uthorities of tht Prty. 4 Prties shll t the time of signture or when depositing their instrument of rtifiction, cceptnce, pprovl or ccession, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, indicte the uthorities tht re competent for the purposes of this rticle. They susequently my, t ny time nd in the sme mnner, chnge the terms of their declrtion. FROM SECOND ADDITIONAL PROTOCOL (Article 19): Covert investigtions 1 The requesting nd the requested Prties my gree to ssist one nother in the conduct of investigtions into crime y officers cting under covert or flse identity (covert investigtions). 2 The decision on the request is tken in ech individul cse y the competent uthorities of the requested Prty with due regrd to its ntionl lw nd procedures. The durtion of the covert investigtion, the detiled conditions, nd the legl sttus of the officers concerned during covert investigtions shll e greed etween the Prties with due regrd to their ntionl lw nd procedures. 3 Covert investigtions shll tke plce in ccordnce with the ntionl lw nd procedures of the Prty on the territory of which the covert investigtion tkes plce. The Prties involved shll co-operte to ensure tht the covert investigtion is prepred nd supervised nd to mke rrngements for the security of the officers cting under covert or flse identity. 4 Prties shll t the time of signture or when depositing their instrument of rtifiction, cceptnce, pprovl or ccession, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, indicte the uthorities tht re competent for the purposes of prgrph 2 of this rticle. They susequently my, t ny time nd in the sme mnner, chnge the terms of their declrtion. FROM SECOND ADDITIONAL PROTOCOL (Article 20): Joint investigtion tems 1 By mutul greement, the competent uthorities of two or more Prties my set up joint investigtion tem for specific purpose nd limited period, which my e extended y mutul consent, to crry out criminl investigtions in one or more of the Prties setting up the tem. The composition of the tem shll e set out in the greement.

15 15 PC-OC (2011) 15 A joint investigtion tem my, in prticulr, e set up where: Prty s investigtions into criminl offences require difficult nd demnding investigtions hving links with other Prties; numer of Prties re conducting investigtions into criminl offences in which the circumstnces of the cse necessitte co-ordinted, concerted ction in the Prties involved. A request for the setting up of joint investigtion tem my e mde y ny of the Prties concerned. The tem shll e set up in one of the Prties in which the investigtions re expected to e crried out. 2 In ddition to the informtion referred to in the relevnt provisions of Article 14 of the Convention, requests for the setting up of joint investigtion tem shll include proposls for the composition of the tem. 3 A joint investigtion tem shll operte in the territory of the Prties setting up the tem under the following generl conditions: so. c the leder of the tem shll e representtive of the competent uthority prticipting in criminl investigtions from the Prty in which the tem opertes. The leder of the tem shll ct within the limits of his or her competence under ntionl lw; the tem shll crry out its opertions in ccordnce with the lw of the Prty in which it opertes. The memers nd seconded memers of the tem shll crry out their tsks under the ledership of the person referred to in su-prgrph, tking into ccount the conditions set y their own uthorities in the greement on setting up the tem; the Prty in which the tem opertes shll mke the necessry orgnistionl rrngements for it to do 4 In this rticle, memers of the joint investigtion tem from the Prty in which the tem opertes re referred to s memers, while memers from Prties other thn the Prty in which the tem opertes re referred to s seconded memers. 5 Seconded memers of the joint investigtion tem shll e entitled to e present when investigtive mesures re tken in the Prty of opertion. However, the leder of the tem my, for prticulr resons, in ccordnce with the lw of the Prty where the tem opertes, decide otherwise. 6 Seconded memers of the joint investigtion tem my, in ccordnce with the lw of the Prty where the tem opertes, e entrusted y the leder of the tem with the tsk of tking certin investigtive mesures where this hs een pproved y the competent uthorities of the Prty of opertion nd the seconding Prty. 7 Where the joint investigtion tem needs investigtive mesures to e tken in one of the Prties setting up the tem, memers seconded to the tem y tht Prty my request their own competent uthorities to tke those mesures. Those mesures shll e considered in tht Prty under the conditions which would pply if they were requested in ntionl investigtion. 8 Where the joint investigtion tem needs ssistnce from Prty other thn those which hve set up the tem, or from third Stte, the request for ssistnce my e mde y the competent uthorities of the Stte of opertion to the competent uthorities of the other Stte concerned in ccordnce with the relevnt instruments or rrngements. 9 A seconded memer of the joint investigtion tem my, in ccordnce with his or her ntionl lw nd within the limits of his or her competence, provide the tem with informtion ville in the Prty which hs seconded him or her for the purpose of the criminl investigtions conducted y the tem. 10 Informtion lwfully otined y memer or seconded memer while prt of joint investigtion tem which is not otherwise ville to the competent uthorities of the Prties concerned my e used for the

16 PC-OC (2011) following purposes: c d for the purposes for which the tem hs een set up; suject to the prior consent of the Prty where the informtion ecme ville, for detecting, investigting nd prosecuting other criminl offences. Such consent my e withheld only in cses where such use would endnger criminl investigtions in the Prty concerned or in respect of which tht Prty could refuse mutul ssistnce; for preventing n immedite nd serious thret to pulic security, nd without prejudice to su-prgrph. if susequently criminl investigtion is opened; for other purposes to the extent tht this is greed etween Prties setting up the tem. 11 This rticle shll e without prejudice to ny other existing provisions or rrngements on the setting up or opertion of joint investigtion tems. 12 To the extent tht the lws of the Prties concerned or the provisions of ny legl instrument pplicle etween them permit, rrngements my e greed for persons other thn representtives of the competent uthorities of the Prties setting up the joint investigtion tem to tke prt in the ctivities of the tem. The rights conferred upon the memers or seconded memers of the tem y virtue of this rticle shll not pply to these persons unless the greement expressly sttes otherwise. FROM SECOND ADDITIONAL PROTOCOL (Article 21): Criminl liility regrding officils During the opertions referred to in Articles 17, 18, 19 or 20, unless otherwise greed upon y the Prties concerned, officils from Prty other thn the Prty of opertion shll e regrded s officils of the Prty of opertion with respect to offences committed ginst them or y them. FROM SECOND ADDITIONAL PROTOCOL (Article 22): Civil liility regrding officils 1 Where, in ccordnce with Articles 17, 18, 19 or 20, officils of Prty re operting in nother Prty, the first Prty shll e lile for ny dmge cused y them during their opertions, in ccordnce with the lw of the Prty in whose territory they re operting. 2 The Prty in whose territory the dmge referred to in prgrph 1 ws cused shll mke good such dmge under the conditions pplicle to dmge cused y its own officils. 3 The Prty whose officils hve cused dmge to ny person in the territory of nother Prty shll reimurse the ltter in full ny sums it hs pid to the victims or persons entitled on their ehlf. 4 Without prejudice to the exercise of its rights vis-à-vis third prties nd with the exception of prgrph 3, ech Prty shll refrin in the cse provided for in prgrph 1 from requesting reimursement of dmges it hs sustined from nother Prty. 5 The provisions of this rticle shll pply suject to the proviso tht the Prties did not gree otherwise.

17 17 PC-OC (2011) 15 FROM SECOND ADDITIONAL PROTOCOL (Article 23): Protection of witnesses Where Prty requests ssistnce under the Convention or one of its Protocols in respect of witness t risk of intimidtion or in need of protection, the competent uthorities of the requesting nd requested Prties shll endevour to gree on mesures for the protection of the person concerned, in ccordnce with their ntionl lw. FROM SECOND ADDITIONAL PROTOCOL (Article 24): Provisionl mesures 1 At the request of the requesting Prty, the requested Prty, in ccordnce with its ntionl lw, my tke provisionl mesures for the purpose of preserving evidence, mintining n existing sitution or protecting endngered legl interests. 2 The requested Prty my grnt the request prtilly or suject to conditions, in prticulr time limittion. Chpter IV Judicil records Article 13 1 A requested Prty shll communicte extrcts from nd informtion relting to judicil records, requested from it y the judicil uthorities of Contrcting Prty nd needed in criminl mtter, to the sme extent tht these my e mde ville to its own judicil uthorities in like cse. 2 In ny cse other thn tht provided for in prgrph 1 of this rticle the request shll e complied with in ccordnce with the conditions provided for y the lw, regultions or prctice of the requested Prty. Chpter V Procedure Article 14 1 Requests for mutul ssistnce shll indicte s follows: c d the uthority mking the request, the oject of nd the reson for the request, where possile, the identity nd the ntionlity of the person concerned, nd where necessry, the nme nd ddress of the person to e served. 2 Letters rogtory referred to in Articles 3, 4 nd 5 shll, in ddition, stte the offence nd contin summry of the fcts.

18 PC-OC (2011) Article 15 1 Letters rogtory referred to in Articles 3, 4 nd 5 s well s the pplictions referred to in Article 11 shll e ddressed y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the requested Prty nd shll e returned through the sme chnnels. 2 In cse of urgency, letters rogtory my e ddressed directly y the judicil uthorities of the requesting Prty to the judicil uthorities of the requested Prty. They shll e returned together with the relevnt documents through the chnnels stipulted in prgrph 1 of this rticle. 3 Requests provided for in prgrph 1 of Article 13 my e ddressed directly y the judicil uthorities concerned to the pproprite uthorities of the requested Prty, nd the replies my e returned directly y those uthorities. Requests provided for in prgrph 2 of Article 13 shll e ddressed y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the requested Prty. 4 Requests for mutul ssistnce, other thn those provided for in prgrphs 1 nd 3 of this rticle nd, in prticulr, requests for investigtion preliminry to prosecution, my e communicted directly etween the judicil uthorities. 5 In cses where direct trnsmission is permitted under this Convention, it my tke plce through the Interntionl Criminl Police Orgnistion (Interpol). 6 A Contrcting Prty my, when signing this Convention or depositing its instrument of rtifiction or ccession, y declrtion ddressed to the Secretry Generl of the Council of Europe, give notice tht some or ll requests for ssistnce shll e sent to it through chnnels other thn those provided for in this rticle, or require tht, in cse provided for in prgrph 2 of this rticle, copy of the letters rogtory shll e trnsmitted t the sme time to its Ministry of Justice. 7 The provisions of this rticle re without prejudice to those of ilterl greements or rrngements in force etween Contrcting Prties which provide for the direct trnsmission of requests for ssistnce etween their respective uthorities. SECOND ADDITIONAL PROTOCOL (Article 4): Chnnels of communiction 1 Requests for mutul ssistnce, s well s spontneous informtion, shll e ddressed in writing y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the requested Prty nd shll e returned through the sme chnnels. However, they my e forwrded directly y the judicil uthorities of the requesting Prty to the judicil uthorities of the requested Prty nd returned through the sme chnnels. 2 Applictions s referred to in Article 11 of this Convention nd Article 13 of the Second Additionl Protocol to this Convention shll in ll cses e ddressed y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the requested Prty nd shll e returned through the sme chnnels. 3 Requests for mutul ssistnce concerning proceedings s mentioned in prgrph 3 of Article 1 of this Convention my lso e forwrded directly y the dministrtive or judicil uthorities of the requesting Prty to the dministrtive or judicil uthorities of the requested Prty, s the cse my e, nd returned through the sme chnnels. 4 Requests for mutul ssistnce mde under Articles 18 nd 19 of the Second Additionl Protocol to this Convention my lso e forwrded directly y the competent uthorities of the requesting Prty to the competent uthorities of the requested Prty. 5 Requests provided for in prgrph 1 of Article 13 of this Convention my e ddressed directly y the judicil uthorities concerned to the pproprite uthorities of the requested Prty, nd the replies my e returned directly y those uthorities. Requests provided for in prgrph 2 of Article 13 of this Convention shll e ddressed y the Ministry of Justice of the requesting Prty to the Ministry of Justice of the requested Prty. 6 Requests for copies of convictions nd mesures s referred to in Article 4 of the Additionl Protocol to the Convention my e mde directly to the competent uthorities. Any Contrcting Stte my, t ny time, y declrtion ddressed to the Secretry Generl of the Council of Europe, define

19 19 PC-OC (2011) 15 wht uthorities it will, for the purpose of this prgrph, deem competent uthorities. 7 In urgent cses, where direct trnsmission is permitted under this Convention, it my tke plce through the Interntionl Criminl Police Orgnistion (Interpol). 8 Any Prty my, t ny time, y declrtion ddressed to the Secretry Generl of the Council of Europe, reserve the right to mke the execution of requests, or specified requests, for mutul ssistnce dependent on one or more of the following conditions: tht copy of the request e forwrded to the centrl uthority designted in tht declrtion; tht requests, except urgent requests, e forwrded to the centrl uthority designted in tht declrtion; c tht, in cse of direct trnsmission for resons of urgency, copy shll e trnsmitted t the sme time to its Ministry of Justice; d tht some or ll requests for ssistnce shll e sent to it through chnnels other thn those provided for in this rticle. 9 Requests for mutul ssistnce nd ny other communictions under this Convention or its Protocols my e forwrded through ny electronic or other mens of telecommuniction provided tht the requesting Prty is prepred, upon request, to produce t ny time written record of it nd the originl. However, ny Contrcting Stte, my y declrtion ddressed t ny time to the Secretry Generl of the Council of Europe, estlish the conditions under which it shll e willing to ccept nd execute requests received y electronic or other mens of telecommuniction. 10 The provisions of this rticle re without prejudice to those of ilterl greements or rrngements in force etween Prties which provide for the direct trnsmission of requests for ssistnce etween their respective uthorities. Article 16 1 Suject to prgrph 2 of this rticle, trnsltions of requests nd nnexed documents shll not e required. 2 Ech Contrcting Prty my, when signing or depositing its instrument of rtifiction or ccession, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, reserve the right to stipulte tht requests nd nnexed documents shll e ddressed to it ccompnied y trnsltion into its own lnguge or into either of the officil lnguges of the Council of Europe or into one of the ltter lnguges, specified