On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Serbia on Legal Assistance in Criminal Matters

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The Law of the Republic of Kazakhstan dated October 18, 2017 No. 98-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Republic of Serbia on Legal Assistance in Criminal Matters, signed in Belgrade on August 24, 2016.

President of the Republic of Kazakhstan

N. Nazarbayev

AGREEMENT between the Republic of Kazakhstan and the Republic of Serbia on Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the Republic of Serbia, hereinafter referred to as the "Contracting States",

Desiring to develop and strengthen cooperation in the field of combating crime,

We have agreed on the following:

Article 1 General provisions

1. The Contracting States, in accordance with the provisions of this Treaty and their national legislation, shall provide each other with the maximum possible legal assistance in criminal matters.

2. Legal assistance includes the following types of activities:

a) delivery and delivery of documents, subpoenas and items;

b) determining the location or identification of persons and objects;

(d) The temporary transfer of arrested persons and persons serving sentences of imprisonment;

(e) Carrying out search, seizure and confiscation;

f) inspection of objects and documents;

(g) Exchange of information and evidence;

(h) Any other forms of assistance provided for by the national legislation of the Requested Contracting State.

Article 2 Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly with each other.

2. The central authorities are:

for the Republic of Kazakhstan – the Prosecutor General's Office of the Republic of Kazakhstan;

for the Republic of Serbia – the Ministry of Justice of the Republic of Serbia.

3. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Contracting States shall notify each other through diplomatic channels.

Article 3 Form and content of requests for legal assistance

1. A request for legal assistance shall be drawn up in writing, signed and stamped by the competent authority of the Requesting Contracting State.

2. The request must contain the following:

a) the name of the competent authority that made the request;

(b) The purpose and description of the assistance requested;

(d) An indication of the applicable provisions of national legislation, including provisions on the statute of limitations;

e) the reasons for requesting evidence, information or other measures;

(f) Where appropriate, details of the payments and compensations to which the person called to appear is entitled; and

g) if necessary, information about the officials whose presence is required during the execution of the request.

3. Whenever possible, the request should also contain:

a) information about the identity and location of the person to whom the documents are to be served, their procedural status and the manner in which the service is to be performed;

(b) Information on the identity and location of the person who is to give evidence or assist in the proceedings;

c) information about the identity of the person, object or document whose location must be established;

(d) As accurate a description as possible of the place or person to be searched and the funds to be seized or confiscated;

e) a description of the way in which any testimony or statements should be accepted and recorded;

(f) A list of questions to be asked to the person being heard;

g) a description of the specific procedure to be followed when executing the request;

h) Confidentiality requirements;

(i) Any other information that may be provided to the Requested Contracting State to facilitate the execution of the request.

4. A request for legal assistance may be submitted using technical means of communication. The original request must be sent simultaneously by mail.

Article 4 Language

1. The request for legal assistance and the necessary documents must be drawn up in the language of the Requesting Contracting State and accompanied by a translation into the language of the Requested Contracting State or into English.

2. Responses to requests, together with appendices, must be sent in the language of the Requested Contracting State and accompanied by an English translation. In the case of a large volume of documents related to the execution of the request, the central authorities of the Contracting States are entitled to hold consultations to determine the list of documents to be translated.

Article 5 Refusal to provide legal assistance

1. The requested Contracting State has the right to refuse to provide legal assistance if the act for which it is requested does not constitute a crime under its national legislation.;

2. The requested Contracting State has the right to refuse to provide the requested legal assistance in whole or in part if:

a) the conditions for the performance of certain types of legal assistance provided for in this Agreement have not been met;

b) the execution of the request poses a threat to the sovereignty, security, public order or other essential interests of the Requested Contracting State or is contrary to its national legislation;

(c) The request concerns coercive measures that are contrary to the national legislation of the Requested Contracting State;

(d) There are substantial grounds to believe that the request for legal assistance is aimed at criminalizing a person on the grounds of his or her race, gender, religion, nationality, ethnic origin or political beliefs, or that the person's position may be harmed for any of these reasons.

3. Before refusing to provide legal assistance, the central authority of the Requested Contracting State must consult with the central authority of the Requesting Contracting State.

4. Any refusal to provide legal assistance must be motivated.

Article 6 Execution of requests for legal assistance

1. Requests for legal assistance shall be executed in accordance with the national legislation of the Requested Contracting State. In exceptional cases, the Requested Contracting State may act in accordance with the procedure proposed by the Requesting Contracting State, if this does not contradict the national legislation of the Requested Contracting State.

2. The requested Contracting State has the right to delay the execution of the request if such execution serves as an obstacle to criminal proceedings conducted in its territory.

3. Before postponing the provision of legal assistance, the Requested Contracting State, after possible consultations with the Requesting Contracting State, shall decide whether it can comply with the request in whole or in part or on the terms it deems necessary.

4. The decision to postpone the execution of a request must be reasoned and the Requested Contracting State shall inform the Requesting Contracting State of the reasons for postponing the execution of the request.

5. The requested Contracting State shall execute the request for assistance as soon as possible or, if possible, within the time period specified by the Requesting Contracting State, which must be motivated.

Article 7 Confidentiality

1. The requesting Contracting State has the right to request from the Requested Contracting State to ensure the confidentiality of the request and its contents, except in cases where this is incompatible with the execution of the request. If the Requested Contracting State is unable to comply with the confidentiality requirement, it shall immediately inform the Requesting Contracting State, which shall decide whether the request is subject to further execution without confidentiality.

2. The requested Contracting State may request the Requesting Contracting State not to use the information or evidence obtained in the execution of the request in other proceedings, except as specified in the request, without the prior consent of the Requested Contracting State.

Article 8 Service of documents and subpoenas

1. The requested Contracting State shall serve the documents transmitted to it for this purpose by the Requesting Contracting State.

2. After delivery, the requested Contracting State shall send to the Requesting Contracting State a confirmation of this, signed by the official and stamped by the authority that carried out the delivery, indicating the date, time, place and method of delivery, as well as information about the person to whom the documents were delivered. If the service has not been performed, the Requested Contracting State shall immediately inform the Requesting Contracting State and inform it of the reasons for non-delivery.

3. Summonses requiring persons to appear before the competent authorities of the Requesting Contracting State shall be transmitted to the Requested Contracting State no later than sixty (60) days prior to the date of the scheduled appearance. In urgent cases, the Contracting States may agree on a shorter period.

4. A person who fails to appear before the competent authority of the Requesting Contracting State shall not be subject to any punishment or compulsory measure, even if the summons contains a warning about possible liability in case of failure to appear.

Article 9 Immunity

1. A person, regardless of his nationality, who appears on a summons to the competent authority of the Requesting Contracting State may not be subjected to criminal prosecution, detention, conviction or punishment, or any other restriction of his personal freedom in the territory of the Requesting Contracting State for acts and criminal records that preceded entry and are not indicated in the summons..

2. Paragraph 1 of this Article does not apply if the person specified in the NUM:

a) does not leave the territory of the Requesting Contracting State within fifteen (15) days from the moment when he was officially notified that his presence is no longer necessary. However, this period does not include the period during which the person has not left the territory of the Requesting Contracting State for reasons beyond his control.;

b) after leaving the territory of the Requesting Contracting State, voluntarily returns back.

Article 10 Location or identification of persons and objects

1. Any Contracting State has the right to request the other Contracting State to establish the location, identify persons and provide the place of residence or place of registration of wanted persons who must appear before the competent authorities of the Requesting Contracting State and are believed to be located in the territory of the Requested Contracting State.

2. Any Contracting State has the right to request the other Contracting State to establish the location, identify the objects and provide relevant data, or to apply any other measure that makes it possible to determine the location and carry out identification.

3. The requested information must be transmitted to the Requesting Contracting State on the basis of the request provided for in Article 3 of this Treaty. In case of emergency, the request can also be sent through the International Criminal Police Organization (Interpol).

Article 11 Temporary transfer of arrested persons and persons serving sentences of imprisonment

1. An arrested person or a person serving a custodial sentence in the territory of the Requested Contracting State, whose personal appearance as a witness or expert is requested by the Requesting Contracting State, may be temporarily transferred to its territory, provided that he is returned within a period specified by the Requested Contracting Party, which should not exceed six (6) months. months. The requesting Contracting State has the right to request an extension of the specified period. Such an extension is granted only once.

2. The transfer of the persons referred to in paragraph 1 of this article may be refused if:

a) the person does not consent to its transfer;

(b) The presence of a person is required in criminal proceedings that are conducted in the Requested Contracting State;

(d) There are other substantial grounds against the temporary transfer of the person to the Requesting Contracting State.

3. The temporarily transferred person must be detained both in the Requesting Contracting State and in the transit State.

4. If a third State is required to temporarily transfer a detained person to one of the Contracting States through the territory of the other Contracting State, the requested Contracting State must allow the transit of that person if that person is not a national of that Contracting State.

Article 12 Search and seizure

1. The requested Contracting State shall carry out a search, seizure and transfer of any objects and documents, provided that the request for legal assistance contains information that justifies the need for such actions.

2. In case of seizure of items and documents, the Requested Contracting State must verify their authenticity. If, according to the national legislation of the Requested Contracting State, the conduct of the actions referred to in paragraph 1 of this Article requires a special decision by the competent authority, such decision must be provided by the Requesting Contracting State.

3. The Requested Contracting State has the right to require the Requesting Contracting State to give its consent to the conditions that the Requested Contracting State deems necessary to protect the rights and interests of third parties with respect to the transferred items and documents. If such consent is not obtained, the Requested Contracting State has the right to refuse their transfer.

Article 13 Assistance in confiscation procedures

1. The Contracting States, in accordance with their national legislation, shall provide each other with legal assistance in the identification, detection, seizure and confiscation of objects, documents, funds and other proceeds of crime.

2. If it has become known that proceeds of crime, instruments of crime, objects and documents, as well as funds subject to seizure or confiscation, are located in the territory of one of the Contracting States, the other Contracting State may be informed about this.

3. The transfer of proceeds from crime, instruments of crime, objects and documents, as well as funds subject to seizure or confiscation, shall be carried out in an agreed manner.

Article 14 Establishment of bank accounts and financial information

1. The requested Contracting State, in accordance with its national legislation, has the right to determine whether the person involved in the commission of the crime is a bank account holder with a bank or other financial institution located in its territory and to inform the Requesting Contracting State accordingly. Such information may also contain information about the users of these accounts, their location, as well as transactions.

2. The provision of assistance specified in paragraph 1 of this article may not be refused on the basis of bank secrecy.

Article 15 Return of objects and documents

Any items and documents transferred to the Requesting Contracting State shall be returned as soon as possible, unless the Requested Contracting State waives its right to return them.

Article 16 Voluntary transfer of information

1. The Contracting States have the right, on their own initiative, to send each other any information if it is assumed that it may be of interest to the other Contracting State.

2. When providing such information, restrictions may be imposed on its use, which must be respected.

Article 17 Expenses

1. The requested Contracting State shall bear the costs associated with the execution of the request for legal assistance, with the exception of:

(a) The costs of travel and stay in the Requested Contracting State of the persons referred to in subparagraph (g) of paragraph 2 of Article 3 of this Treaty;

(b) The costs of travel and stay of the persons referred to in paragraph 3 of article 8 of this Treaty;

(d) The costs of carrying out the examinations, unless otherwise agreed by the Contracting States.

2. When the execution of a request for legal assistance involves unforeseen expenses, the Contracting States may consult with a view to sharing the costs arising from the execution of the request.

Article 18 Exchange of information on criminal records

The Contracting States shall inform each other every six (6) months of all cases of conviction of citizens of the other Contracting State.

Article 19 Exemption from legalization of documents and materials

The documents and materials provided in the order of providing legal assistance must be signed by an official, certified with the stamp of the competent authority, and in this case their further legalization, certification or certification is not required.

Article 20 Relationship of the Treaty with other international agreements

This Treaty does not affect the rights and obligations of the Contracting States arising from other international agreements to which they are parties.

Article 21 Settlement of disputes

Any differences arising in the course of the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States.

Article 22 Final provisions

1. This Treaty is subject to ratification.

2. This Treaty shall be concluded for an indefinite period and shall enter into force on the date of receipt of the last written notification through diplomatic channels that the Contracting States have completed the procedures necessary for its entry into force.

3. Amendments and additions may be made to this Treaty by mutual agreement of the Contracting States, which are formalized by separate protocols that are its integral parts and enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

4. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt through diplomatic channels by one of the Contracting States of a written notification from the other Contracting State of its intention to terminate it.

5. In the event of termination of this Agreement, the measures that were initiated during its validity period remain in force until their full implementation.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in Belgrade on August 24, 2016, in two originals, each in the Kazakh, Serbian and English languages, all texts being authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For the Republic of Serbia

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Republic of Serbia on Mutual Legal Assistance in Criminal Matters, signed in Belgrade on August 24, 2016 in Kazakh, Serbian and English with the text in Russian.

Acting Head of the Department of International Cooperation of the Prosecutor General's Office of the Republic of Kazakhstan

G. Koigeldiev

President

Republic of Kazakhstan

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