Law-ref.org United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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mutual legal assistance [Global Index]


ARTICLE-7     [go to this ARTICLE]
... MUTUAL LEGAL ASSISTANCE ...
... 1. The Parties shall afford one another, pursuant to this article, the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to criminal offences established in accordance with article 3, paragraph 1. ...
... 2. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes: ...
... 3. The Parties may afford one another any other forms of mutual legal assistance allowed by the domestic law of the requested Party. ...
... 5. A Party shall not decline to render mutual legal assistance under this article on the ground of bank secrecy. ...
... 6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual legal assistance in criminal matters. ...
... 7. Paragraphs 8 to 19 of this article shall apply to requests made pursuant to this article if the Parties in question are not bound by a treaty of mutual legal assistance. If these Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the Parties agree to apply paragraphs 8 to 19 of this article in lieu thereof. ...
... 8. Parties shall designate an authority, or when necessary authorities, which shall have the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. The authority or the authorities designated for this purpose shall be notified to the Secretary-General. Transmission of requests for mutual legal assistance and any communication related thereto shall be effected between the authorities designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that such requests and communications be addressed to it through the diplomatic channel and, in urgent circumstances, where the Parties agree, through channels of the International Criminal Police Organization, if possible. ...
... 8. Parties shall designate an authority, or when necessary authorities, which shall have the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. The authority or the authorities designated for this purpose shall be notified to the Secretary-General. Transmission of requests for mutual legal assistance and any communication related thereto shall be effected between the authorities designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that such requests and communications be addressed to it through the diplomatic channel and, in urgent circumstances, where the Parties agree, through channels of the International Criminal Police Organization, if possible. ...
... 10. A request for mutual legal assistance shall contain: ...
... 15. Mutual legal assistance may be refused: ...
... (d) If it would be contrary to the legal system of the requested Party relating to mutual legal assistance for the request to be granted. ...
... 16. Reasons shall be given for any refusal of mutual legal assistance. ...
... 17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes with an ongoing investigation, prosecution or proceeding. In such a case, the requested Party shall consult with the requesting Party to determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary. ...