Article 27 Procedures pertaining to mutual assistance requests in the absence of applicable international agreements

Geldend

Documentgegevens:

Geldend vanaf 01-07-2004

Bronpublicatie:: 23-11-2001, Trb. 2004, 18 (uitgifte: 30-11-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-2004
Bronpublicatie inwerkingtreding:: 30-11-2004, Trb. 2004, 290 (uitgifte: 30-11-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Informatierecht / ICT
Internationaal strafrecht / Internationale misdrijven
Internationaal strafrecht / Justitiële en politionele samenwerking

1.

Where there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and requested Parties, the provisions of paragraphs 2 through 9 of this article shall apply. The provisions of this article shall not apply where such treaty, arrangement or legislation exists, unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.

2

a)

Each Party shall designate a central authority or authorities responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution;

b)

The central authorities shall communicate directly with each other;

c)

Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in pursuance of this paragraph;

d)

The Secretary General of the Council of Europe shall set up and keep updated a register of central authorities designated by the Parties. Each Party shall ensure that the details held on the register are correct at all times.

3.

Mutual assistance requests under this article shall be executed in accordance with the procedures specified by the requesting Party, except where incompatible with the law of the requested Party.

4.

The requested Party may, in addition to the grounds for refusal established in Article 25, paragraph 4, refuse assistance if:

a): the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence, or
b): it considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.

5.

The requested Party may postpone action on a request if such action would prejudice criminal investigations or proceedings conducted by its authorities.

6.

Before refusing or postponing assistance, the requested Party shall, where appropriate after having consulted with the requesting Party, consider whether the request may be granted partially or subject to such conditions as it deems necessary.

7.

The requested Party shall promptly inform the requesting Party of the outcome of the execution of a request for assistance. Reasons shall be given for any refusal or postponement of the request. The requested Party shall also inform the requesting Party of any reasons that render impossible the execution of the request or are likely to delay it significantly.

8.

The requesting Party may request that the requested Party keep confidential the fact of any request made under this chapter as well as its subject, except to the extent necessary for its execution. If the requested Party cannot comply with the request for confidentiality, it shall promptly inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

9

a)

In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by judicial authorities of the requesting Party to such authorities of the requested Party. In any such cases, a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

b)

Any request or communication under this paragraph may be made through the International Criminal Police Organisation (Interpol).

c)

Where a request is made pursuant to sub-paragraph a. of this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.

d)

Requests or communications made under this paragraph that do not involve coercive action may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

e)

Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority.