A/AC.291/L.15
offences for which a legal person may be held liable in accordance with article 18 of
this Convention in the requesting State Party. [agreed ad referendum]
3.
Mutual legal assistance to be afforded in accordance with this article may be
requested for any of the following purposes:
(a)
Taking evidence or statements from persons;
(b)
Effecting service of judicial documents;
(c)
Executing searches and seizures, and freezing;
(d) Searching or similarly accessing, seizing or similarly securing, and
disclosing electronic data stored by means of an information and communications
technology system pursuant to article 44 of this Convention;
(e) Collecting traffic data in real time pursuant to article 45 of this
Convention;
(f)
Intercepting content data pursuant to article 46 of this Convention;
(g)
Examining objects and sites;
(h) Providing information, evidence and expert evaluations; [ agreed ad
referendum]
(i) Providing originals or certified copies of relevant documents and records,
including government, bank, financial, corporate or business records;
(j) Identifying or tracing proceeds of crime, property, instrumentalities or
other things for evidentiary purposes;
(k)
Party;
(l)
Facilitating the voluntary appearance of persons in the requesting State
Recovering proceeds of crime; [agreed ad referendum]
(m) Any other type of assistance that is not contrary to the domestic law of the
requested State Party. [agreed ad referendum]
4.
Without prejudice to domestic law, the competent authorities of a State Party
may, without prior request, transmit information relating to criminal matters to a
competent authority in another State Party where they believe that such information
could assist the authority in undertaking or successfully concluding inquiries and
criminal proceedings or could result in a request formulated by the latter State Party
pursuant to this Convention. [agreed ad referendum]
5.
The transmission of information pursuant to paragraph 4 of this article shall be
without prejudice to inquiries and criminal proceedings in the State of the competent
authorities providing the information. The competent authorities receiving the
information shall comply with a request that said information remain confidential,
even temporarily, or with restrictions on its use. However, this shall not prevent the
receiving State Party from disclosing in its proceedings information that is
exculpatory to an accused person. In such a case, the receiving State Party shall notify
the transmitting State Party prior to the disclosure and, if so requested, consult with
the transmitting State Party. If, in an exceptional case, advance notice is not possible,
the receiving State Party shall inform the transmitting State Party of the disclosure
without delay. [agreed ad referendum]
6.
The provisions of this article shall not affect obligations under any other treaty,
bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal
assistance. [agreed ad referendum]
7.
Paragraphs 8 to 31 of this article shall apply to requests made pursuant to this
article if the States Parties in question are not bound by a treaty on mutual legal
assistance. If those States Parties are bound by such a treaty, the corresponding
provisions of that treaty shall apply unless the States Parties agree to apply
paragraphs 8 to 31 of this article in lieu thereof. States Parties are strongly encouraged
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