Treaty between the Republic of Kazakhstan and the Republic of Italy on mutual legal assistance in criminal matters (Astana, 22 january 2015)

TREATY
between the Republic of Kazakhstan and the Republic of Italy
on mutual legal assistance in criminal matters
(Astana, 22 january 2015)

The Republic of Kazakhstan and the Republic of Italy, hereinafter referred to as the «Parties»,

Desiring to promote an effective cooperation between the two Countries in combating crime on the basis of mutual respect for sovereignty, equality and mutual benefit,

Considering that this purpose can be achieved through the conclusion of a bilateral Treaty, which establishes the procedure for provision of legal assistance in criminal matters,

Have agreed as follows:

Article 1
Scope

1. In accordance with the provisions of this Treaty, the Parties undertake, upon requests, to afford one another mutual legal assistance in criminal matters.

2. Such legal assistance shall include:

(a) locating and identifying person;

(b) serving documents and records relating to criminal proceedings;

(c) citing witnesses, victims and experts to appear voluntarily before the competent authority of the Requesting Party;

(d) obtaining and providing documents, records and articles of evidence;

(e) carrying out questionings and taking the statements of persons;

(f) temporary transferring persons in custody for their testimony, or taking part in other procedural activities;

(g) carrying out judicial expertise, examining sites, documents or items;

(h) executing searches, seizures of evidence, arrests and confiscations of assets related to the criminal activity;

(i) exchanging information on the national law;

(j) communicating the criminal judgments and information taken from judicial records;

(k) any other legal assistance, except for paragraph 3 of this Article, which is not contrary to the national law of the Requested Party.

3. This Treaty shall not apply to:

(a) the execution of judgments on arrest of persons, or other measures, restricting freedom of a person;

(b) the extradition of persons;

(c) the execution of court judgments, except the provisions of this Treaty concerning confiscation of assets;

(d) the transfer of sentenced persons for further serving a sentence, and

(e) the transfer of criminal proceedings.

Article 2
Dual jurisdiction

1. Legal assistance may be afforded when the act for which it is requested does not constitute a criminal offense in the Requested Party.

2. If the request for legal assistance relates to executing searches, seizures, arrests and confiscations of assets and other activities which affect the fundamental rights of a person, or are invasive of sites or items, legal assistance shall be afforded, if the act for which it is requested is regarded as an offence also by the national law of the Requested Party.

 
Article 3
Refusal or postponement of legal assistance

1. The Requested Party may refuse entirely or in part the legal assistance requested if:

(a) the execution of the request is contrary to its national law or to the provisions of this Treaty;