Einde inhoudsopgave
Convention, established by the Council in accordance with article 34 of the Treaty on European Union, on Mutual Assistance in criminal matters between the Member States of the European Union
Article 11 Hearing of witnesses and experts by telephone conference
Geldend
Geldend vanaf 23-08-2005
- Bronpublicatie:
29-05-2000, Trb. 2000, 96 (uitgifte: 01-09-2000, kamerstukken/regelingnummer: -)
- Inwerkingtreding
23-08-2005
- Bronpublicatie inwerkingtreding:
11-11-2005, Trb. 2005, 280 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Justitiële en politionele samenwerking
1.
If a person is in on Member State's territory and has to be heard as a witness or expert by judicial authorities of another Member State, the latter may, where its national law so provides, request assistance of the former Member State to enable the hearing to take place by telephone conference, as provided for in paragraphs 2 to 5.
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 Member State 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 European Mutual Assistance Convention and Article 37 of the Benelux Treaty, 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 Member States concerned. When agreeing such arrangements, the requested Member State 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.
The requested Member State may make its agreement subject, fully or in part, to the relevant provisions of Article 10(5) and (8). Unless otherwise agreed, the provisions of Article 10(7) shall apply mutatis mutandis.