Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of May 18, 2004 No. 284-Z

About the international legal assistance on criminal cases

(as amended of the Law of the Republic of Belarus of 04.01.2008 No. 308-3)

Accepted by the House of Representatives on April 9, 2004

Approved by Council of the Republic on April 29, 2004

This Law governs legal relations on rendering the international legal assistance on criminal cases.

Article 1. The basic concepts used in this Law and their determinations

In this Law the following basic concepts and their determinations are used:

the international legal assistance on criminal cases - accomplishment by the bodies of the Republic of Belarus conducting criminal procedure, legal and other proceedings at the request of bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases, and also accomplishment of similar actions by the bodies of foreign states conducting criminal procedure at the request of the bodies of the Republic of Belarus conducting criminal procedure according to international treaties of the Republic of Belarus or on the basis of the principle of reciprocity;

the principle of reciprocity - the principle according to which the international legal assistance on criminal cases is given on the basis of the commitment letter on behalf of the state to give similar legal assistance.

Article 2. Bases of rendering the international legal assistance on criminal cases

The international legal assistance on criminal cases is given on the basis of international treaties of the Republic of Belarus.

In case of lack of the corresponding international treaty of the Republic of Belarus the international legal assistance on criminal cases is given on the basis of the principle of reciprocity.

Article 3. Procedure for rendering the international legal assistance on criminal cases

The international legal assistance on criminal cases is given according to the procedure, provided by international treaties of the Republic of Belarus.

The international legal assistance on criminal cases on the basis of the principle of reciprocity is given according to the procedure, established by the Code of penal procedure of the Republic of Belarus and this Law.

The international legal assistance on criminal cases on the basis of the principle of reciprocity is not given if rendering such help can cause damage to sovereignty of the Republic of Belarus, its homeland security, the rights and freedoms of citizens or contradicts legal acts of the Republic of Belarus, and also international treaties of the Republic of Belarus.

Article 4. Amount of the international legal assistance on criminal cases given on the basis of the principle of reciprocity

The amount of the international legal assistance on criminal cases given on the basis of the principle of reciprocity is determined by the Code of penal procedure of the Republic of Belarus.

Article 5. Bodies of the Republic of Belarus, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity

Bodies of the Republic of Belarus, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity, the Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus are.

Article 6. Competence of the Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity

The Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity within the competence are authorized:

give commitment letters on behalf of the Republic of Belarus about rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity;

make decisions on the direction of requests of the bodies of the Republic of Belarus conducting criminal procedure on rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity and send such requests to bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity;

make decisions on rendering or refusal in rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity (with indication of causes of failure) and to notify on the made decisions bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity;

perform other operations according to the Code of penal procedure of the Republic of Belarus.

Article 7. Procedure for the intercourses of the Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus with bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity

The Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus communicate with bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity, through diplomatic channels.

In cases, being urgent, the Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus can communicate with bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity, by means of use of technical means of communication with the simultaneous direction it originals of documents through diplomatic channels.

The intercourses of the Prosecutor General's Office of the Republic of Belarus and the Supreme Court of the Republic of Belarus with bodies of foreign states, competent to make decisions concerning rendering the international legal assistance on criminal cases on the basis of the principle of reciprocity, can directly be performed in achievement cases between them such arrangement.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.