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(a) The Court may request the temporary transfer of a person in custody for the purpose of identification or obtaining witness statements or other assistance. The person may be transferred if the following conditions are met: 3. Where the execution in the requested State of special assistance referred to in a request referred to in paragraph 1 is prohibited on the basis of an existing general principle of law, the requested State shall immediately consult the Court in an attempt to resolve the matter. Consultations should consider whether assistance can be provided by other means or under conditions. If, after consultation, the matter cannot be resolved, the Court shall, if necessary, amend the request. (ii) In the case of assistance referred to in subparagraph (b) (i) (a) (i) Assistance provided under subparagraph (a) shall include, inter alia: (c) The Court may, under the conditions set forth in this paragraph, grant a request for assistance from a State which is not a Party to this Statute. Extradition is a legal procedure to transfer from one state to another for trial or sentencing. (a) The Court may, upon request, cooperate and assist a State Party conducting investigations or judicial proceedings in respect of acts that constitute an offence within the jurisdiction of the Court or constitute a serious criminal offence under the domestic law of the requesting State. (4) Article 72 provides that a State Party may refuse a request for assistance, in whole or in part, only if the request concerns the production of documents or the disclosure of evidence concerning its national security. Legal assistance is a form of cooperation between different countries for the purpose of collecting and exchanging information. Authorities in one country may also request and present evidence located in one country in support of criminal investigations or proceedings in another country.

In 2003, the EU signed the first international agreements in the field of justice and home affairs. Both agreements entered into force on 1 February 2010. The EU-US Framework Agreements facilitate and accelerate EU-US assistance. The EU-Japan Agreement on Mutual Assistance in Criminal Matters introduces modern cooperation tools such as video statements and the exchange of bank information. 5. Before refusing a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance may be provided under certain conditions or whether the assistance may be provided subsequently or by other means, provided that the Court or the Prosecutor accepts the assistance subject to certain conditions if the Court or the Prosecutor accepts the assistance under certain conditions. Convention on Mutual Assistance in Criminal Matters Globalisation and the increasing mobility of people in the EU create new opportunities for cross-border crime. For this reason, mutual legal assistance and extradition treaties are essential to put an end to cross-border crime. PART II – ESTABLISHMENT OF A CENTRAL AUTHORITY6. The EU has concluded extradition and mutual legal assistance agreements with Japan, Iceland, Norway and the United States of America. 6.

If a request for mutual assistance is refused, the requested State Party shall immediately inform the Court or the Prosecutor of the reasons for the refusal. Mutual legal assistance mechanisms are gradually being replaced by mutual recognition instruments. However, an agreement between EU countries still exists: the Convention on Mutual Assistance in Criminal Matters strengthens cooperation between judicial, police and customs authorities. One. If the documents or other evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State; 2. The Court shall have the power to assure a witness or expert appearing before the Court that he or she will not be prosecuted, detained or subjected to a restriction of his or her liberty by the Court for any act or omission prior to the departure of that person from the requested State. (ii) The requested State consents to the transfer under such conditions as that State and the Court may agree. Following the 9/11 terrorist attacks, the EU and the US improved their law enforcement and judicial cooperation. (k) the identification, freezing or seizure of proceeds, property, assets and instrumentalities of criminal offences with a view to possible confiscation, without prejudice to the rights of bona fide third parties; and (f) the temporary transfer of the persons referred to in paragraph 7; He explained that the guidelines will ensure that those who commit crimes in Kenya and flee to other countries are sent back to the country to be charged, while those who hide in Kenya for crimes committed elsewhere will be extradited.

(c) the questioning of a person under investigation or prosecution; «This is a positive step towards strengthening Kenya`s existing cooperation with its various partners. My office as the central authority of the MLA continues to facilitate the development and adoption of laws in line with international conventions and obligations as a sign of the government`s commitment to achieve corruption-free status by 2030,» he said. (e) facilitate the voluntary appearance of persons as witnesses or experts before the Court; Halakhe Waqo, CEO of the Ethics and Anti-Corruption Commission, and Muthoni Kimani, Director of the Asset Recovery Agency, said the guidelines would help Kenya deepen its cooperation with authorities in other countries. (j) protection of victims and witnesses and preservation of evidence; b. interrogate a person detained by order of the Court; «Today marks an important chapter in our criminal justice sector reform with the launch of the Guidelines on Mutual Legal Assistance and International Cooperation in the Fight against Crime. First of all, I would like to thank all our partners in this cross-border fight,» said the Attorney General. (a) The Court shall ensure the confidentiality of documents and information, except to the extent necessary for the investigations and proceedings described in the request. As Europeans move more and more, the number of international situations requiring judicial cooperation in criminal matters is increasing. (ii) Otherwise, competing claims shall be settled in accordance with the principles set forth in article 90; (b) the transferred person remains in detention; If the objectives of the transfer are achieved, the Court shall return the person concerned to the requested State without delay. (i) If a State Party receives concurrent requests from the Court and another State on the basis of an international obligation other than surrender or extradition, the State Party, in consultation with the Court and the other State, shall endeavour to comply with both requests, if necessary by adjourning either request or attaching conditions to either request. Kenya enacted the Mutual Legal Assistance Act (MLA0) in 2011. NAIROBI, Kenya, March 15 – The government has taken tough action to combat transnational organized crime.

One. the transmission of statements, documents or other types of evidence obtained in the course of an investigation or proceeding conducted by the Court of Justice; and (i) the person voluntarily consents to the transfer; and.