Form used to request
mutual legal assistance
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In requests made under a
Mutual Legal Assistance Treaty (MLAT): the “Central
Authority” of the State to which the request is directed; in
other cases, to the “Appropriate Authority” of the
State whose assistance is requested.
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To:
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In requests made under a
Mutual Legal Assistance Treaty (MLAT): the “Central
Authority” of the State making the request; in other cases,
the name of the judge or other authority requesting
assistance.
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From:
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Enter the name by which
the case is identified in the State making the request.
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Reference:
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Identify the authority
conducting the relevant investigation, trial or proceeding, then
summarize briefly the matter under investigation and the assistance
requested. For requests made under an MLAT: the “Central
Authority” of the State making the request; in other cases,
the name of the judge or other authority requesting
assistance.
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Summary:
The
matter at hand and the nature of the case
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Enter a brief summary of
who is being investigated and the pertinent facts of the case
including the persons or companies under investigation, and the
crucial evidence or information obtained to date.
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The facts:
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Describe the exact
offences under investigation, including judicial notices, and --if
possible-- cite the pertinent portions of the law.
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The offences:
Description of the
assistance being requested
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Describe in as much
detail as possible any documents that are needed and the natural or
juridical person from whom they are to be obtained (e.g., for bank
documents, provide the name and address of the bank, the name and
number of the account, the specific types of documents needed (such
as signature card and statements of account) and the time periods
for which records are being sought.
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Documents
needed:
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Identify any other person
from whom a statement is requested, including where such persons
are to be found. Insofar as possible, also provide a list of
topics to be dealt with and any specific questions that you wish to
have asked. If this list is very long you will need to attach
additional sheets.
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Testimony
required:
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Describe in as much
detail as possible any other type of assistance needed (e.g.,
execution of a summons, locating of individuals, transporting
persons in custody for purposes of depositions, seize and assist
with the confiscation of goods, etc.).
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Other
assistance
necessary:
Purpose of the request
for assistance
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Describe what it is the
evidence or other assistance is intended to prove or demonstrate.
In other words, explain why the authorities making the request
believe that the evidence or other assistance requested is
important, and how it relates to the investigation or
proceeding.
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Procedure to
follow
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Describe any other
procedures that the authorities of the State whose assistance is
requested should follow in obtaining or sending the evidence or
other assistance requested, in order to ensure that this evidence
or assistance fulifills the purpose for which it was requested. For
example, for depositions, describe the manner in which the
statement should be taken and recorded (e.g., written summary, full
transcription, voice and video recording, under oath) and whether
the authorities of the State making the request wish to
participate. For documentary evidence, specifiy any special
procedures that must be followed for purposes of certification or
authentication.
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Sign and date:
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