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Article (18)

DFL 20/2018 Effective from 23/10/2018

1- The competent judicial authority shall, upon request of a judicial authority of another country bound by an enforceable agreement with the State or by virtue of the reciprocity principle, provide judicial assistance in relation to investigation, court trials or procedures relevant to the Crime and issue orders as follows:

a) Identify, freeze, seize or confiscate any Funds, Proceeds, or Instrumentalities or their equivalent, generated from the Crime or used or intended to be used in the Crime or take any other procedures applicable under the enforceable legislation in the State, including, to provide records retained by Financial Institutions, or Designated Nonfinancial Businesses and Professions or Non-Profit Organisations, and to inspect persons and buildings, and to collect witnesses’ statements, gather evidence, and use investigative methods including undercover operations, intercepting communications, collecting electronic data and controlled delivery.

b)Handover and handback persons and items relevant to the Crime in a prompt manner in accordance with the legislations applicable in the State.

2- The Competent Authorities shall exchange information related to the Crime promptly with the foreign counterparts, respond to requests made by any competent entity in the foreign countries which are bound by an applicable convention with the State or in accordance with the reciprocity principle. The Competent Authorities shall gather information from the relevant authorities in the State and take the necessary action to ensure the confidentiality of the information and used it only for its intended purpose stated in the request for information and in accordance with applicable legislations in the State.