BWBV0007040
Artikel 25
Verdrag van Ljubljana-Den Haag inzake internationale samenwerking bij de opsporing en vervolging van genocide, misdrijven tegen de menselijkheid, oorlogsmisdrijven en andere internationale misdrijven
1. A request for mutual legal assistance shall be made in writing under conditions allowing the requested State Party to establish authenticity.
2. A request for mutual legal assistance shall contain or be accompanied by the following:
a) The identity of the authority making the request;
b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding;
c) A summary of the relevant facts, except in relation to requests for the purposes of service of judicial documents;
d) A statement of the relevant domestic law, accompanied by the reference texts, and a statement of the penalty that has been or can be imposed for the crimes;
e) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed;
f) Where possible, the identity, location and nationality of any person concerned;
g) The purposes for which the evidence, information or action is sought, and when needed, their relevance to the underlying investigation, prosecution or judicial proceedings;
h) Where appropriate, the time limit within which the assistance should be provided and the reasons therefor;
i) Where applicable, a statement of the relevant domestic law allowing a witness to refuse to make a deposition.
3. In urgent circumstances, where agreed by both the requesting State Party and the requested State Party, requests may be made orally or by any means leaving a written record but shall be confirmed in accordance with paragraphs 1 and 2 as soon as reasonably possible.
2. A request for mutual legal assistance shall contain or be accompanied by the following:
a) The identity of the authority making the request;
b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding;
c) A summary of the relevant facts, except in relation to requests for the purposes of service of judicial documents;
d) A statement of the relevant domestic law, accompanied by the reference texts, and a statement of the penalty that has been or can be imposed for the crimes;
e) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed;
f) Where possible, the identity, location and nationality of any person concerned;
g) The purposes for which the evidence, information or action is sought, and when needed, their relevance to the underlying investigation, prosecution or judicial proceedings;
h) Where appropriate, the time limit within which the assistance should be provided and the reasons therefor;
i) Where applicable, a statement of the relevant domestic law allowing a witness to refuse to make a deposition.
3. In urgent circumstances, where agreed by both the requesting State Party and the requested State Party, requests may be made orally or by any means leaving a written record but shall be confirmed in accordance with paragraphs 1 and 2 as soon as reasonably possible.
- Citeren als
- Art. 25
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl