On approval of the agreement between the Republic of Kazakhstan and the Republic of Turkey on legal assistance in criminal cases and extradition of persons

Home / RLA / On approval of the agreement between the Republic of Kazakhstan and the Republic of Turkey on legal assistance in criminal cases and extradition of persons

Law of the Republic of Kazakhstan dated April 6, 1999 No. 367-I

To approve the agreement between the Republic of Kazakhstan and the Republic of Turkey on legal assistance in criminal cases and extradition of persons concluded in Almaty on August 15, 1995.

President Of The Republic Of Kazakhstan

Agreement between the Republic of Kazakhstan and the Republic of Turkey on legal assistance in criminal cases and extradition of persons

(Entered into force on June 12, 2000 - Bulletin of international treaties of the Republic of Kazakhstan, 2001, No. 5, Article 46)

The Republic of Kazakhstan and the Republic of Turkey, hereinafter referred to as the Contracting Parties, in order to carry out cooperation in the field of legal relations on the basis of respect for sovereignty, mutual respect, equality and respect for Human Rights, - taking into account the developing relations between the two countries - decided to provide legal assistance to each other in criminal cases and extradition, and to this end agreed:

Part 1 legal assistance in criminal cases

Article 1

1.the Contracting Parties undertake, in accordance with the provisions of this section, to assist each other in criminal cases falling under the jurisdiction of the competent authorities of the relevant Contracting Parties.

2.interaction in criminal cases should include issues such as the performance of procedural actions, sending and submitting documents, providing physical evidence, sending case materials, recognizing and executing court decisions, and searching for persons.

Article 2

The provision of legal assistance may be refused in the following cases: 1. if the request relates to an offense considered by the Contracting Party receiving such a request, either as a political crime, or as a related crime, or as a specific war crime.

2.if the contracting party that has received the request considers that the sovereignty, security or public order of its country may be compromised if the request is executed.

Article 3

1.the contracting party that has received the request must carry out all necessary procedures in accordance with its national law when executing an instruction sent by the Competent Authority of the contracting party that is relevant to the issue of the commission of a criminal case subject to the effect of Paragraph 2 of Article 1 and the Requesting Party.

2.the competent authorities of each Contracting Party shall be established in accordance with national laws.

3.if one of the Contracting Parties wants witnesses and experts to take the oath of office to answer, if this does not contradict the national laws of the latter, then the other contracting party accepts this issue.

4.if one of the Contracting Parties requests copies of documents, the other may submit them. If the requesting contracting party submits a request for the originals of documents, in this case the contracting party that receives the request shall assist in the resolution of this issue.

5.the information provided to the requesting Contracting Party must be used by the competent authority only on the requested issue.

Article 4

1.the contracting party that has received the request may postpone the sending of documents or physical evidence, if they are used in another case.

2.documents and physical evidence must be returned to the second Contracting Party in a short time, unless otherwise taken into account when sending documents.

Article 5

If representatives of the competent authorities of one of the contracting parties wish to participate in the execution of certain procedural actions on the territory of the other Contracting Party, the latter, if he agrees, must inform the time and place of the proceedings specified in the request.

Article 6

1.a request for legal assistance by the Competent Authority of one of the Contracting Parties shall be accepted for execution by the Competent Authority of the other Contracting Party, if this does not contradict the laws of the relevant Contracting Party.

2.requests for assistance on the need for a call to the competent authorities must be sent to the Contracting Party receiving such a request at least two months before the time specified in the agenda when these persons should appear in the relevant competent body.

3.the competent authorities of one of the Contracting Parties may, within the framework of this Agreement, send documents to its citizens who are in the territory of the other contracting party through its official diplomatic and consular channels.

Article 7

1.if the requesting Contracting Party considers it essential to have a witness or expert present directly for the consideration of the case, these circumstances must be specified in the request in order for the other Contracting Party to inform these persons of the need to visit the competent authorities of the requesting Contracting Party.

2.the contracting party that has received the request must inform the contracting party that has made such a request of the response of a witness or expert. In the case referred to in Paragraph 1 of this article, the request or subpoena must indicate the approximate amount of necessary expenses, taking into account travel expenses.

3.the requesting Contracting Party shall reimburse the costs of food, accommodation and round-trip travel of the witness and expert in accordance with its applicable tariffs and norms.

Article 8

1.a witness or expert who has arrived at the invitation of the competent authorities of the Requesting Party may not be deprived of his / her Will, arrested or persecuted for a previously committed crime, regardless of his / her nationality.

2.a person who arrived at the invitation of the Requesting Party, regardless of his nationality, is not subject to criminal prosecution until he leaves the territory of the contracting party that received such a request.

3.other personal inviolability provided for by this article shall cease to be valid if a witness or expert who is suspected of committing a crime has traveled more than fifteen consecutive days, when their presence is no longer necessary for the competent authority, and they do not use the opportunity to leave the country or leave, but then return to the territory of this country.

Article 9

1.information on the criminal record of a particular person requested under this Agreement should cover as much as possible the range of information on it, which is transmitted by one competent body within one state to another, if necessary in the field of activity.

2.in any case other than those provided for in Paragraph 1 of this article, the request must be executed in accordance with the rules or established practice of the contracting party that received such an application.

3.each Contracting Party must inform the other Contracting Party of all criminal sentences imposed against citizens of one of the Contracting Parties. The ministries of Justice of the two countries will communicate with each other about such information at least once a year.

Article 10

1.requests for legal assistance must contain: a) the name of the institution that made the request; B) the purposes and reasons for the request; c) data confirming the citizenship of the person related to the request; d) the name and place of residence of the person or other information necessary to determine the location of that individual.

2.in addition, the request must provide a brief description of the crime committed by the person.

Article 11

1.each Contracting Party, at the request of the other Contracting Party, shall, in accordance with its laws, initiate criminal proceedings against its citizens who have been suspected of committing a crime on the territory of the contracting party.

2.documents describing the actual circumstances of the case are attached to the request.

3.the contracting party that has received the request must inform the competent authorities of the other contracting party about the results of the investigation of the criminal case, as well as send a copy of the court decision.

Part 2 detention of persons

Article 12

The Contracting Parties undertake, in accordance with the provisions of this agreement, to extradite to each other persons who are on their territory for bringing to criminal responsibility upon application or for the execution of a sentence.

Article 13

Crimes subject to extradition:

1.in accordance with the laws of both Contracting Parties, extradition is carried out for actions that are a crime and provide for punishment for the crime committed for at least one year.

2.extradition shall be carried out in accordance with the laws of both Contracting Parties and for the execution of sentences only for such crimes, if this person has been convicted of loss of his / her will or other severe punishment for a period of more than six months.

3.if the application for extradition concerns several unrelated crimes, each of which leads to deprivation of the head will in accordance with the laws of both Contracting Parties, but some of them do not meet the above conditions, the party receiving the application may consent to extradition for such crimes. The type of punishment established by the court of one of the contracting parties cannot be changed by the other Contracting Party.

Article 14

In the following cases:

1. if the person to whom the extradition request is addressed is a citizen of the Requested Party;

2. if extradition is not allowed under the laws of the Requested Party;

3. if the crime is committed in part or in whole on the territory of the Requested Party;

4. if in respect of the person for whom extradition is requested, a sentence has been passed on the territory of the Requested Party for such a crime and it has entered into legal force, or the proceedings on it have been terminated;

5.extradition is not carried out if it is impossible to execute the sentence due to the statute of limitations or on other legal grounds.

Article 15

1.an application for the extradition of a criminal shall be sent in writing through diplomatic channels.

2.an application for extradition for bringing to criminal responsibility must be sent with a certified copy of the resolution on detention, a description of the actual circumstances of the criminal act and the text of the norms of the law qualifying the crime.

3.for the implementation of the sentence, an application for extradition must be sent with a certified copy of the sentence that has entered into legal force, as well as with the full text of the norms of the law expert on crime. If the convicted person has served part of the sentence, then the term of Service is indicated.

4.the application for extradition must contain information about the citizenship of the person requested for extradition and, if possible, a description of his / her appearance, information about his / her identity, information about his / her place of residence and be accompanied by a photo and finger prints.

Article 16

If the extradition request does not contain all the necessary information, the Requested Party may request additional details before rejecting the request. For this, he can set a period of no more than two months, however, in the presence of good reasons, this period may be extended.

Article 17

1.upon receipt of the application for extradition, the Requested Party shall immediately take the necessary measures to put the person under protection in relation to the sending of the application. The conditions under which extradition is not allowed in accordance with the provisions of this Agreement do not apply to this.

2.after 30 days from the date of the extradition of a person, if the Requesting Party does not accept the detained person during this period, the Requested Party has the right to release him.

3.in the event of circumstances preventing the timely reception or extradition of a person, the contracting parties must inform each other about this before the expiration of the period established by Paragraph 2 of this article. At the same time, the Contracting Parties Set a new deadline in accordance with the provisions of this Agreement.

Article 18

1.in cases that do not involve a delay, the competent authorities of one of the Contracting Parties may apply for temporary custody of a person before sending an application for extradition.

2.The application must state the actual circumstances of the criminal act and contain a notification of the prompt sending of the application for extradition. In addition, the application must indicate that, in accordance with paragraphs 2 or 3 of Article 15 of this Agreement, criminal prosecution has been initiated against this person or the court sentence has entered into legal force, as well as, if possible, information characterizing this person and the approximate place of his residence.

3.an application for temporary custody may be submitted by Mail, Telegraph or by any other method.

4.if the application is worth accepting, the Requested Party shall take the necessary measures for detention. If the application is not accepted, the Requesting Party is notified.

Article 19

If the Requested Party does not receive the necessary documents specified in Article 15 of this agreement within 40 days after the detention of the person, this person is released from custody.

Article 20

If an application for the extradition of a particular person is received from several states, the question of which of them is subject to satisfaction is decided by the requested Contracting Party.

Article 21

Together with the extradition of a person, the contracting party, in accordance with its laws, ensures: a) things that may contain material evidence; B) the attachment of property, other valuables obtained by criminal or similar means, in case of realization of the property right of the extradition person to this thing; C) the transfer of benefits from the illegal possession, use or disposal of the property referred to in Paragraph "B".

Article 22

1.if a criminal case has been initiated against the person to be extradited from any of the Contracting Parties or he is serving a sentence, the Requested Party shall notify the other party of the decision made by him in respect of this person. In case of a positive resolution, the provisions of Article 17 of this Agreement shall apply.

2.if the Requested Party undertakes to return the person after the completion of the procedural actions, the person may be temporarily extradited to establish the circumstances related to the case.

Article 23

An extradited person may be prosecuted or convicted only for the crime for which extradition is requested. This does not include the following cases:

1.consent of the extradition party to prosecution or conviction for another crime. In this case, an application is sent to the other Contracting Party in accordance with the provisions of Article 15 with notification of this to the person being detained.

2.if a person is detained and does not leave the territory or returns to this country within 45 days after the termination of the criminal case or the issuance of an acquittal sentence, he may be brought to justice for another crime committed by him.

Article 24

If, during the investigation or consideration of the case in court, the necessary conditions arise for changing the examination of the actions of the person subject to extradition, the Requesting Party sends a re-request with notification of this.

Article 25

The Contracting Parties shall provide each other with mutual information on the results of criminal prosecution of extradition persons.

Article 26

One of the Contracting Parties May, by agreement of the other or without the consent of each other, but in compliance with paragraph 2 of Article 23 of this Agreement, transfer the detainee to a third state. To do this, copies of the application documents for extradition from a third party are sent to the Contracting Party, whose consent is required.

Article 27

1.each of the Contracting Parties, at the request of the second Contracting Party, authorizes that party to carry persons extradited by a third state through its territory. The contracting parties may refuse it if extradition is not mandatory in accordance with the provisions of this Agreement. 2.the competent authorities of the Contracting Parties in each specific case agree on the method, route and other transit conditions.

Article 28

1.losses arising from the extradition of persons related to their extradition shall be borne by the Requesting Party.

2.other La costs, including transit transportation, are borne by the Requested Party.

Article 29

If the provisions in this Section do not provide otherwise regarding the extradition procedure and temporary custody, then only the laws of the Requested Party apply.

Part 3 final provisions

Article 30

Documents sent for the implementation of the provisions of this Agreement are certified by the signature and seal of the Competent Authority of the requesting party.

Article 31

In the implementation of the provisions of Section 1, neither Contracting Party shall reimburse the other party for losses arising from the provision of legal assistance in its territory, including::

1. expenses for the maintenance of independent experts and the expertise carried out by them;

2. transportation costs are not included.

Article 32

The relations concluded under this Agreement are usually carried out through the ministries of Justice of the Contracting Parties. If necessary, diplomatic or consular channels can be used.

Article 33

Requests, applications, applications and other documents must be submitted in the form of a certified translation in the language of the Requested Party. In cases where it is difficult to translate into the language of the Requested Party, English is used. The documents to be sent are drawn up in two copies.

Article 34

If the Requested Party to this agreement is unable to comply with any of the terms of this Agreement or refuses in whole or in part, the Requesting Party must immediately notify the Requesting Party indicating the reasons for the refusal and return the request documents.

Article 35

During the request, the contracting parties must exchange information about their laws, legal system and judicial practice.

Article 36

In the event of a difference of opinion on this Agreement, the Contracting Parties shall resolve them through diplomatic channels.

Article 37

This agreement is subject to ratification and will enter into force 30 days after the exchange of certificates of ratification, which will be held in Ankara.

Article 38

This agreement was concluded for an indefinite period. Each contracting party may violate its power, and the other Contracting Party shall be notified of this. In this case, the agreement ceases to be valid after six months from the date of its cancellation. To testify to this, plenipotentiaries of the contracting parties signed this Agreement. This agreement was signed in Almaty on August 15, 1995, each in Kazakh, Turkish, Russian and English, and all texts will be equally valid. If there is a difference of opinion in the course of explaining the provisions of this Agreement, the text in English is used.

The Republic of Kazakhstan for the Republic of Turkey

President

Republic of Kazakhstan

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