Treaty
The Republic of Kazakhstan and Hungary, hereinafter referred to as the «Parties», Desiring to promote an effective cooperation between the two States in combating crime on the basis of mutual respect for sovereignty and equality, 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
1. In accordance with the provisions of this Treaty, the Parties undertake, upon requests, to afford one another mutual legal assistance in criminal proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the competent judicial authorities of the Requesting Party. 2. Such legal assistance shall include: a) locating and identifying persons or items; b) serving documents and records relating to criminal proceedings; c) summoning witnesses, victims, suspects, accused persons and experts to appear voluntarily before the competent judicial authority of the Requesting Party; d) obtaining and providing documents, records and evidence; e) carrying out hearings and taking evidence; f) temporary transferring persons in custody for their testimony, or taking part in other procedural activities; g) carrying out judicial expertise, examining documents or items; h) search, seizure of evidence and confiscation of assets; i) exchanging information on national law; j) without prejudice to paragraph 3 of this Article, any other legal assistance, which is not contrary to the national law of the Requested Party. 3. This Treaty shall not apply to: a) the execution of judicial decisions on the arrest of a person, or any other measure restricting the freedom of a person; b) the extradition of a person; c) the execution of criminal judgments, with the exception of decisions on confiscation; d) the transfer of a sentenced person for the purpose of serving sentence; and e) the transfer of criminal proceedings.
Article 2
Legal assistance shall be afforded in proceedings initiated in respect of such offences, which are also punishable under the national law of the Requested Party.
Article 3
1. The Requested Party shall refuse entirely or in part the requested legal assistance if: a) the execution of the request is contrary to its national law or to the provisions of this Treaty; b) there are reasonable grounds to believe that the request for legal assistance is made in order to prosecute, punish or be otherwise detrimental to a person on account of his religion, sex, race, nationality or political opinion, or that such person’s position may be prejudiced by any of those reasons; Документ показан в сокращенном демонстрационном режиме
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