Mutual legal assistance

Unit IV 1 (International Criminal Affairs)

The Mutual Legal Assistance Act

15. A request for mutual legal assistance shall contain

(vii) Mutual legal assistance (article 18)

(viii) Mutual legal assistance (article 18)

Mutual legal assistance (art. 18)

21. Mutual legal assistance may be refused

C. Mutual legal assistance treaties 8 8

23. Reasons shall be given for any refusal of mutual legal assistance.

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21. Mutual legal assistance may be refused

(l) International cooperation, including mutual legal assistance and extradition

While fewer States were using mutual legal assistance than extradition, there seemed to be fewer legal and formal difficulties in sending and executing requests for mutual legal assistance than for extradition.

Malawi stated that the competent authority charged with the responsibility of coordinating and rendering mutual legal assistance was

It will include a case management tracking system for incoming and outgoing mutual legal assistance requests.

Participating States note that the Member States of the European Union are bound to apply the EU legal instruments related to terrorism, transnational organized crime and corruption.

(c) Training competent authorities in the preparation of requests for mutual legal assistance that meet the requirements of this Convention

Estonia stated that it had designated the Ministry of Justice the central authority to receive the requests for mutual legal assistance

Malta stated that it designated the Attorney General the central authority to receive requests for mutual assistance

3. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes

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Mexico stated that the Office of the Attorney General of the Republic had been designated the central authority in matters of mutual legal assistance

Poland stated that the Ministry of Justice had been designated the central authority competent to receive requests for mutual legal assistance

Romania stated that the Romanian central authorities designated to receive the requests for mutual legal assistance were

Lesotho stated that the English language was acceptable for purposes of requests for mutual legal assistance.

South Africa stated that English was the acceptable language for receiving requests for mutual legal assistance.

Malawi stated that the competent authority charged with the responsibility of coordinating and rendering mutual legal assistance was

Most of the responding States (34) reported having in place domestic legislation on mutual legal assistance.

Paragraph 8 of article 18 deals with the refusal of mutual legal assistance on the ground of bank secrecy.

Such cooperation took place both at an informal level and on the basis of mutual legal assistance treaties.

3. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes

Finland stated that the Ministry of Justice was the central authority competent to receive, execute or transmit requests for mutual legal assistance

New Zealand stated that English had been designated as the acceptable language in which to make requests for mutual legal assistance.

Colombia stated that the central authorities designated to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution, and to formulate requests for legal assistance, would be as follows

(a) Convention concerning mutual legal relations,

The majority (82 per cent) of States reporting in the third reporting period (2002 2004) had adopted legislation on mutual legal assistance, with approximately one third having reviewed, simplified or otherwise strengthened procedures for mutual legal assistance.

When negotiating mutual legal assistance treaties, a third (33 per cent) of the States had made use, where appropriate, of the Model Treaty on Mutual Assistance in Criminal Matters (General Assembly resolution 45 117, annex, as amended by Assembly resolution 53 112).

It should be noted that, responding to a question on bank secrecy in the context of article 18 (mutual legal assistance), a few States indicated that bank secrecy could be a ground for declining the granting of mutual legal assistance (see paras. 91 and 92 below).

Legal and technical assistance to such States would enable them to develop the administrative machinery to participate in mutual legal assistance and information sharing.

Most States (82 per cent) responding in the third reporting period had adopted legislation on mutual legal assistance approximately one third had also reviewed mutual legal assistance procedures.

8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy.

8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy.

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In a third of the States (34 per cent or 30 States), statistics were available on mutual legal assistance requests.