ETS 185 – Cybercrime (Convention), 23.XI.2001
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Article 26 – Spontaneous information
1
A Party may, within the limits of its domestic law and without prior request, forward to another
Party information obtained within the framework of its own investigations when it considers
that the disclosure of such information might assist the receiving Party in initiating or carrying
out investigations or proceedings concerning criminal offences established in accordance with
this Convention or might lead to a request for co-operation by that Party under this chapter.
2
Prior to providing such information, the providing Party may request that it be kept confidential
or only used subject to conditions. If the receiving Party cannot comply with such request, it
shall notify the providing Party, which shall then determine whether the information should
nevertheless be provided. If the receiving Party accepts the information subject to the
conditions, it shall be bound by them.
Title 4 – Procedures pertaining to mutual assistance requests
in the absence of applicable international agreements
Article 27 –
Procedures pertaining to mutual assistance requests in the absence of
applicable international agreements
1
Where there is no mutual assistance treaty or arrangement on the basis of uniform or
reciprocal legislation in force between the requesting and requested Parties, the provisions of
paragraphs 2 through 9 of this article shall apply. The provisions of this article shall not apply
where such treaty, arrangement or legislation exists, unless the Parties concerned agree to
apply any or all of the remainder of this article in lieu thereof.
2
a
Each Party shall designate a central authority or authorities responsible for sending and
answering requests for mutual assistance, the execution of such requests or their
transmission to the authorities competent for their execution.
b
The central authorities shall communicate directly with each other;
c
Each Party shall, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, communicate to the Secretary General of the
Council of Europe the names and addresses of the authorities designated in pursuance
of this paragraph;
d
The Secretary General of the Council of Europe shall set up and keep updated a register
of central authorities designated by the Parties. Each Party shall ensure that the details
held on the register are correct at all times.
3
Mutual assistance requests under this article shall be executed in accordance with the
procedures specified by the requesting Party, except where incompatible with the law of the
requested Party.
4
The requested Party may, in addition to the grounds for refusal established in Article 25,
paragraph 4, refuse assistance if:
5
a
the request concerns an offence which the requested Party considers a political offence
or an offence connected with a political offence, or
b
it considers that execution of the request is likely to prejudice its sovereignty, security,
ordre public or other essential interests.
The requested Party may postpone action on a request if such action would prejudice criminal
investigations or proceedings conducted by its authorities.
14
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