Einde inhoudsopgave
Second Additional Protocol to the European Convention on mutual assistance in criminal matters
Article 10 Hearing by telephone conference
Geldend
Geldend vanaf 01-02-2004
- Bronpublicatie:
08-11-2001, Trb. 2002, 30 (uitgifte: 18-02-2002, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2004
- Bronpublicatie inwerkingtreding:
27-08-2008, Trb. 2008, 157 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
1.
If a person is in one Party's territory and has to be heard as a witness or expert by judicial authorities of another Party, the latter may, where its national law so provides, request the assistance of the former Party to enable the hearing to take place by telephone conference, as provided for in paragraphs 2 to 6.
2.
A hearing may be conducted by telephone conference only if the witness or expert agrees that the hearing take place by that method.
3.
The requested Party shall agree to the hearing by telephone conference where this is not contrary to fundamental principles of its law.
4.
A request for a hearing by telephone conference shall contain, in addition to the information referred to in Article 14 of the Convention, the name of the judicial authority and of the persons who will be conducting the hearing and an indication that the witness or expert is willing to take part in a hearing by telephone conference.
5.
The practical arrangements regarding the hearing shall be agreed between the Parties concerned. When agreeing such arrangements, the requested Party shall undertake to:
- a)
notify the witness or expert concerned of the time and the venue of the hearing;
- b)
ensure the identification of the witness or expert;
- c)
verify that the witness or expert agrees to the hearing by telephone conference.
6.
The requested Party may make its agreement subject, fully or in part, to the relevant provisions of Article 9, paragraphs 5 and 7.