|
The Union Cabinet today approved the proposal to sign a treaty between India and Belarus on Mutual Legal Assistance in Criminal Matters and to ratify the Treaty.
The Treaty seeks to promote effective cooperation between India and Belarus in the matter of prevention, investigation, prosecution, and suppression of crime through cooperation and mutual legal assistance in criminal matters.
The salient features of the Agreement are as follows:
To improve the effectiveness of measures of both the States in investigation, prosecution and suppression of crime through cooperation and mutual legal assistance in criminal matters;
Criminal matters mean, for India - investigations, inquiries, trials and other proceedings relating to an offence as stated in its criminal law and, for the Republic of Belarus - individual proceedings conducted by the criminal prosecution authority and court in respect to the conducted act dangerous to society as stated in its criminal law;
The mutual legal assistance shall include: identification and establishment of location of persons or property acquired by criminal means (proceeds of crime) and instruments of crime; obtaining evidence and statements of persons; providing documents and judicial records in the original or their certified copies and other information, and delivering property and exhibits; search & seizure; activities directed at search and seizure of property, forfeiture of property acquired by criminal means (proceeds of crime) and of instruments of crime; tracing of persons; temporary transfer of persons in custody for the purpose of giving evidence or assisting in investigation; delivery of documents; and any other legal assistance stipulated by the provisions of this Treaty and assistance consistent with the law of the Requested Contracting Party;
The Contracting Parties shall grant each other the widest measure of mutual legal assistance in criminal matters;
Mutual Legal Assistance shall be granted irrespective of whether the assistance is sought or to be provided by a court or some other competent authority;
This Treaty shall not prejudice the obligations of the Contracting Parties arising from other international Treaties;
This Treaty shall apply to any requests for legal assistance submitted after its entry into force even if the relevant acts or omissions had occurred before that date;
Assistance may be refused if the execution of the request would impair its sovereignty, security, public order or other essential interest, or prejudice the safety of any person; if the execution of the request would be contrary to the domestic law of the Requested Contracting Party; if the request relates to an offence in respect of which the accused person had been acquitted or pardoned.
|
