Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on mutual legal assistance in criminal matters (Astana, 1 November 2017)

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AGREEMENT
BETWEEN THE REPUBLIC OF KAZAKHSTAN AND
THE HASHEMITE KINGDOM OF JORDAN
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
(Astana, 1 November 2017)

The Republic of Kazakhstan and the Hashemite Kingdom of Jordan, 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 interest,

Recognizing the need to facilitate the widest measures of mutual assistance in criminal matters,

Have agreed as follows:

ARTICLE 1
SCOPE OF ASSISTANCE

1. The Parties shall provide to each other assistance in investigations, prosecution and court proceedings in respect of criminal matters in accordance with this Agreement.

2. Such legal assistance shall include any of the following:

a) locating and identifying the person;

b) serving documents and records related to criminal proceedings;

c) seeking the consent of 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 witnesses, victims and experts;

f) temporarily transferring persons in custody for their testimony, or to assist in investigation in the Requesting Party after obtaining their consent;

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

h) executing searches, seizing evidence and confiscating assets;

i) exchanging information on the national law;

j) any other legal assistance, except for paragraph 3 of this Article, which is not in contradiction with the national law of the Requested Party.

3. This Agreement shall not apply to:

a) the execution of judgments on arrest of person, or other measure, restricting freedom of the person;

b) the extradition of person;

c) the execution of criminal judgments;

d) the transfer of a sentenced person for the purpose of serving sentence, and

e) the transfer of criminal proceedings.

ARTICLE 2
DUAL JURISDICTION

The legal assistance does not require dual criminality between both Parties unless the request for legal assistance relates to executing searches, seizures, confiscations of assets and other activities which affect the fundamental rights of a person.

ARTICLE 3
REFUSAL OR POSTPONEMENT OF LEGAL ASSISTANCE

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