EXPLANATORY REPORT ON THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

• NCJ Number: 5140
• Author(s): ANON
• Date Published: 1969
• Length: 38 pages
• Corporate Author: Place Broglie
• Sale Source: Manhattan Publishing Co
• Language: English
• Country: France

Annotation

TEXT OF THE CONVENTION AND COMMENTARIES ON ITS ARTICLES WHICH PROVIDE FOR THE EXCHANGE OF EVIDENTIARY MATERIAL, WITNESSES, AND JUDICIAL INFORMATION BETWEEN STATES.

Abstract

THE CONVENTION DRAFTED BY THE COUNCIL OF EUROPE DEALS WITH SUCH MATTERS AS REQUESTS FOR THE EXAMINATION OF WITNESSES OR EXPERTS, SERVICE OF OFFICIAL DOCUMENTS AND JUDICIAL VERDICTS, SUMMONING OF WITNESSES, EXPERTS, OR PERSONS IN CUSTODY, AND TRANSMISSION OF INFORMATION FROM JUDICIAL RECORDS. IT WAS DECIDED THAT SUCH ASSISTANCE SHOULD BE INDEPENDENT OF EXTRADITION IN THAT IT SHOULD BE GRANTED EVEN IN CASES WHERE EXTRADITION WAS REFUSED. FOR EXAMPLE, IT WAS AGREED THAT ASSISTANCE SHOULD BE GRANTED IN THE CASE OF MINOR OFFENCES AND THAT AS A GENERAL RULE THE OFFENCE NEED NOT BE AN OFFENCE UNDER THE LAW OF BOTH COUNTRIES. IN THE CASE OF REQUESTS FOR SEARCH AND SEIZURE, HOWEVER, THE CONTRACTING PARTIES COULD DEROGATE FROM THESE RULES. AUTHOR ABSTRACT