【法规名称】
【颁布时间】 2002-03-26
【法规编号】 43474 什么是编号？
【正 文】
第2页 AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN THE UNITED STATES AND THE AMERICAN INSTITUTE IN TAIWAN
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[接上页] 3 If the Designated Representative for the Requested Party deni-es assistance, it shall inform the Designated Representativefor the Requesting Party of the reasons for the denial. Article 5 Form and Contents of Requests 1 A request for assistance shall be in writing except that theDesignated Representative for the Requested Party may accepta request in another form in an emergency situation.In anysuch case, the request shall be confirmed in writing within t-en days thereafter unless the Designated Representative for t-he Requested Party agrees otherwise.The request shall be inthe language used in the territory represented by the Request-ed Party unless otherwise agreed. 2 The request shall include the following: (1) the name of the authority conducting the investigation, pro-secution, or proceeding to which the request relates; (2) a description of the subject matter and nature of the inves-tigation, prosecution, or proceeding, including the specificcriminal offenses that relate to the matter and any punishm-ent that might be imposed for each offense; (3) a description of the evidence, information, or other assist-ance sought; and (4) a statement of the purpose for which the evidence, informat-ion, or other assistance is sought. 3 To the extent necessary and possible, a request shall also in-clude: (1) information on the identity and location of any person fromwhom evidence is sought; (2) information on the identity and location of a person to beserved, that person's relationship to the proceedings, andthe manner in which service is to be made; (3) information on the identity and whereabouts of a person tobe located; (4) a precise description of the place or person to be searchedand of the articles to be seized; (5) a description of the manner in which any testimony or state-ment is to be taken and recorded; (6) a list of questions to be asked of a witness; (7) a description of any particular procedure to be followed inexecuting the request; (8) information as to the allowances and expenses to which a pe-rson asked to appear in the territory represented by the Re-questing Party will be entitled; and (9) any other information that may be brought to the attentionof the Designated Representative for the Requested Party tofacilitate its execution of the request. 4 If the Designated Representative for the Requested Party cons-iders the contents contained in the request not sufficient toenable the request to be dealt with, it may request additionalinformation. 5 No form of certification or authentication will be required f-or a request for assistance or its supporting documents. Article 6 Execution of Requests 1 The Designated Representative for the Requested Party shall p-romptly execute the request or, when appropriate, shall trans-mit it to the relevant authority for execution.The competentauthorities of the territory represented by the Requested Par-ty shall do everything in their power to execute the request.2 The Designated Representative for the Requested Party shall m-ake all necessary arrangements for and meet the costs of therepresentation of the Requesting Party in the territory repre-sented by the Requested Party in any proceedings arising outof a request for assistance. 3 Requests shall be executed in accordance with the proceduresprovided for by the laws of the territory represented by theRequested Party.The method of execution specified in the re-quest shall be followed except insofar as it is contrary to t-he laws of the territory represented by the Requested Party.4 If the Designated Representative for the Requested Party dete-rmines that execution of a request would interfere with an on-going criminal investigation, prosecution, or proceeding in t-he territory represented by the Requested Party, it may postp-one execution, or make execution subject to conditions determ-ined necessary after consultations with the Designated Repres-entative for the Requesting Party. If the Designated Represen-tative for the Requesting Party accepts the assistance subjectto the conditions, authorities in the territory represented byit shall comply with the conditions. 5 The relevant authorities of the territory represented by theDesignated Representative for the Requested Party shall use t-heir best efforts to keep confidential a request and its cont-ents if such confidentiality is requested by the Designated R-epresentative for the Requesting Party. If the request cannotbe executed without breaching such confidentiality, the Desig-nated Representative for the Requested Party shall so informthe Designated Representative for the Requesting Party, whichshall then determine whether the request should neverthelessbe executed. 6 The Designated Representative for the Requested Party shall r-espond to reasonable inquiries by the Designated Representati-ve for the Requesting Party on progress toward execution of t-he request. 7 The Designated Representative for the Requested Party shall p-romptly inform the Designated Representative for the Requesti-ng Party of the outcome of the execution of the request. If t-he request is denied, the Designated Representative for the R-equested Party shall inform the Designated Representative forthe Requesting Party of the reasons for the denial. |
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