Section 3 International Legal Assistance
Article (57)
Upon request from another judiciary authority in another country, with whom there is a valid agreement in place with the State, or on the basis of reciprocity concerning any acts that are punishable as per the applicable laws in the State, the competent judiciary authority shall provide legal assistance in investigations, trials or measures linked to the Crime and it shall order the following:
- Locating, Freezing, Seizing or Confiscation of Funds, Proceeds or Means that have been used, or intended for use in the Crime, or their equivalent. The death or anonymity of the suspect shall not prevent undertaking such measures.
- Any other measures applicable in accordance with the enforceable laws in the State, including the provision of records maintained by Financial Institutions, DNFBPs or NPOs, the search of persons and buildings, gathering statements from witnesses, collecting evidence, using investigative methods such as Undercover Operations, wiretapping, communications, obtaining electronic data and information and Controlled Delivery.
- Extradition and repatriation of persons and things related to the Crime in accordance with the laws applicable in the State.
- Locating, Freezing, Seizing or Confiscation of Funds, Proceeds or Means that have been used, or intended for use in the Crime, or their equivalent. The death or anonymity of the suspect shall not prevent undertaking such measures.
Article (58)
It is permitted to recognise any judgement or judicial order that provides for the confiscation of Funds, Proceeds or Means relating to Money Laundering, the Financing of Terrorism or the Financing of Illegal Organisations issued by a competent court or judiciary authority in another country, with whom there is an attested agreement in place with the State.
Article (59)
Taking into consideration the applicable laws in the State, the implementation of the judgement or judicial order mentioned in Article (58) of the present Decision shall not contradict a judgment or order previously issued by a court in the State, there shall not be an ongoing charge in the State regarding the same judgment issued from the requesting country, and the request shall also include the following documents and information:
- An attested copy of the judgment or judicial order for Confiscation along with the law on which it is based, and a statement of the reasons for issuing the confiscation order, if not mentioned in the judgment or the order itself.
- A statement establishing that the sentenced person has been duly summoned and represented, and has been able to defend himself.
- A document confirming that the judgement or judicial order is enforceable and not subject to appeal through ordinary methods.
- Description of the Funds, Proceeds and Means for Confiscation, their estimated value, their potential location and information regarding any persons who might be holding or possessing these funds.
- Statement of the amount to be repatriated from the funds for Confiscation.
- Any information relating to third party rights on the Funds, Proceeds or Means.
- Statement of the procedures undertaken in the requesting country to protect bona fide third parties.
- An attested copy of the judgment or judicial order for Confiscation along with the law on which it is based, and a statement of the reasons for issuing the confiscation order, if not mentioned in the judgment or the order itself.