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LAW OF THE REPUBLIC OF BELARUS

of May 18, 2004 No. 284-Z

About the international legal assistance on criminal cases

(In edition 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.

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