BWBV0006928
Geldig vanaf 01-08-2023
Artikel 18
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake wederzijdse rechtshulp in strafzaken
1. Requests for mutual assistance shall be in writing. The request shall be in the official language of the Requesting Party, accompanied by a translation in the official language of the Requested Party or in the English language.
2. Requests for assistance for the purposes of this Agreement shall be sent through diplomatic channels. The Central Authorities may communicate directly after the request has been formally transmitted. Each of the Central Authorities may designate a judicial competent authority which may communicate directly, either with the Central Authority of the other Party, or with a judicial competent authority of the other Party on the execution of a request.
3. In urgent circumstances, the Central Authority of the Requested Party may accept the request by facsimile, e-mail or by any other means capable of producing a written record, in which case it shall be confirmed within thirty (30) days by a formal request through diplomatic channels.
4. Requests for assistance shall include the following:
a) the name of the authority making the request;
b) the name of the authority conducting the investigation, prosecution or proceedings to which the request relates;
c) the subject matter and nature of the investigation, prosecution or proceedings to which the request relates, including a summary of the case and its current status, except in relation to requests for the purpose of the service of judicial documents;
d) a description of the assistance sought and details of any particular procedure that the Requesting Party wishes to be followed;
e) the purpose for which the evidence, information or assistance is sought;
f) the texts of the statutory provisions to which the case relates, including the maximum penalty of the offences and any limitation periods;
g) the specification of any time limit within which compliance with the request is desired;
h) any special requirement for confidentiality and the reasons for it.
5. Requests for assistance shall also, to the extent necessary and if available include:
a) in cases of requests to take evidence from any person: the identity, date of birth, and location of any person from whom evidence is sought, as well as the subject matter on which the person is to be examined, including a list of questions and details of any right of that person to decline to give evidence; if the Requesting Party wishes that witnesses or experts give evidence in the presence of a judicial competent authority or any other person, such request shall be made expressly;
b) in cases of requests to serve documents: the identity, date of birth and location of any person to be served, that person’s relationship to the investigation, prosecution or proceedings, and, the manner in which the service is to be made;
c) in cases of requests to locate or identify persons: information on the identifying persons, information on the identity and whereabouts of a person to be located or identified;
d) in cases of requests to inspect or examine objects: a description of the place or location to be inspected or examined;
e) in cases of requests to produce evidence: a description of the documents, records or items of evidence to be produced, an indication of the person asked to produce them and the form in which they should be produced and authenticated;
f) in cases of requests to make a detained person available: the place to which the detained person is to be transferred and the proposed date of that person’s return;
g) information as to the allowances and expenses which may be reimbursed to the person who is requested to appear in the Requesting Party for the purpose of taking evidence.
2. Requests for assistance for the purposes of this Agreement shall be sent through diplomatic channels. The Central Authorities may communicate directly after the request has been formally transmitted. Each of the Central Authorities may designate a judicial competent authority which may communicate directly, either with the Central Authority of the other Party, or with a judicial competent authority of the other Party on the execution of a request.
3. In urgent circumstances, the Central Authority of the Requested Party may accept the request by facsimile, e-mail or by any other means capable of producing a written record, in which case it shall be confirmed within thirty (30) days by a formal request through diplomatic channels.
4. Requests for assistance shall include the following:
a) the name of the authority making the request;
b) the name of the authority conducting the investigation, prosecution or proceedings to which the request relates;
c) the subject matter and nature of the investigation, prosecution or proceedings to which the request relates, including a summary of the case and its current status, except in relation to requests for the purpose of the service of judicial documents;
d) a description of the assistance sought and details of any particular procedure that the Requesting Party wishes to be followed;
e) the purpose for which the evidence, information or assistance is sought;
f) the texts of the statutory provisions to which the case relates, including the maximum penalty of the offences and any limitation periods;
g) the specification of any time limit within which compliance with the request is desired;
h) any special requirement for confidentiality and the reasons for it.
5. Requests for assistance shall also, to the extent necessary and if available include:
a) in cases of requests to take evidence from any person: the identity, date of birth, and location of any person from whom evidence is sought, as well as the subject matter on which the person is to be examined, including a list of questions and details of any right of that person to decline to give evidence; if the Requesting Party wishes that witnesses or experts give evidence in the presence of a judicial competent authority or any other person, such request shall be made expressly;
b) in cases of requests to serve documents: the identity, date of birth and location of any person to be served, that person’s relationship to the investigation, prosecution or proceedings, and, the manner in which the service is to be made;
c) in cases of requests to locate or identify persons: information on the identifying persons, information on the identity and whereabouts of a person to be located or identified;
d) in cases of requests to inspect or examine objects: a description of the place or location to be inspected or examined;
e) in cases of requests to produce evidence: a description of the documents, records or items of evidence to be produced, an indication of the person asked to produce them and the form in which they should be produced and authenticated;
f) in cases of requests to make a detained person available: the place to which the detained person is to be transferred and the proposed date of that person’s return;
g) information as to the allowances and expenses which may be reimbursed to the person who is requested to appear in the Requesting Party for the purpose of taking evidence.
- Citeren als
- Art. 18
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006928
- Officiële bron
- wetten.overheid.nl