【法规名称】
【颁布时间】 2002-03-26
【法规编号】 43474 什么是编号？
【正 文】
第4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] 2 The Designated Representative for the Requested Party may pro-vide copies of any documents, records, or information which a-re in the possession of a department or agency of the authori-ties of the territory represented by that Party, but which arenot publicly available, to the same extent and under the sameconditions as such copies would be available to the law enfor-cement or judicial authorities of the territory represented bythe Requested Party.The Designated Representative for the R-equested Party may in its discretion deny a request pursuantto this paragraph entirely or in part. 3 Records produced pursuant to this Article may be authenticatedby the person in charge of maintaining them through the use ofForm B appended to this Agreement.No further authenticationshall be necessary.Documents authenticated under this parag-raph shall be admissible in evidence in courts in the territo-ry represented by the Requesting Party. Article 11 Transfer of Persons in Custody 1 A person in the custody of the authorities of the territory r-epresented by the Requested Party whose presence in the terri-tory represented by the Requesting Party is sought for purpos-es of assistance under this Agreement may be transferred fromthe territory represented by the Requested Party to the terri-tory represented by the Requesting Party for that purpose ifthe person consents and if the Designated Representatives forboth Parties agree. 2 A person in the custody of the authorities of the territory r-epresented by the Requesting Party whose presence in the terr-itory represented by the Requested Party is sought for purpos-es of assistance under this Agreement may be transferred fromthe territory represented by the Requesting Party to the terr-itory represented by the Requested Party if the person consen-ts and if the Designated Representatives for both Parties agr-ee. 3 For purposes of this Article: (1) the authorities of the territory represented by the receivi-ng Party shall have the authority and the obligation to keepthe person transferred in custody unless otherwise authoriz-ed by the authorities of the territoryrepresented by thesending Party; (2) the authorities of the territory represented by the receivi-ng Party shall return the person transferred to custody inthe territory represented by the sending Party within 30 da-ys of the transfer or as soon as circumstances permit or asotherwise agreed by both Designated Representatives; (3) the authorities of the territory represented by the receivi-ng Party shall not require the authorities of the territoryrepresented by the sending Party to initiate extradition pr-oceedings for the return of the person transferred; and (4) the person transferred shall receive credit for service ofthe sentence imposed in the territory represented by the se-nding Party for time served in custody in the territory rep-resented by the receiving Party. Article 12 Testimony in the Territory Represented by the Requesting Party 1 When the Designated Representative for the Requesting Party r-equests the appearance of a person in the territory represent-ed by the Requesting Party, the Designated Representative forthe Requested Party shall invite the person to appear beforethe appropriate authority in the territory represented by theRequesting Party.The Designated Representative for the Requ-esting Party shall indicate the extent to which the expenseswill be paid.The Designated Representative for the RequestedParty shall promptly inform the Designated Representative forthe Requesting Party of the response of the person. 2 The Designated Representative for the Requested Party may req-uest the Designated Representative for the Requesting Party tomake a commitment that a person who has been asked to be pres-ent in the territory represented by the Requesting Party acco-rding to this Article not be prosecuted, detained, subject toservice of process, or subject to any other restriction of pe-rsonal liberty, for any acts or omissions or convictions whichpreceded such person's entry into the territory represented bythe Requesting Party, and that such person shall not be oblig-ed to give evidence or assist in any investigation, prosecuti-on, or proceeding other than that to which the request relate-s, except with the prior consent of the Designated Representa-tive for the Requested Party and such person.The person who-se presence is requested may decline to comply with the reque-st if the Designated Representative for the Requesting Partydoes not grant such assurances. 3 The safe conduct provided for by this Article shall cease sev-en days after the Designated Representative for the RequestingParty has notified the Designated Representative for the Requ-ested Party that the person's presence is no longer required,or when the person, having left the territory represented bythe Requesting Party, voluntarily returns.The Designated Re-presentative for the Requesting Party may, in its discretion,extend this period up to fifteen days if it determines that t-here is good cause to do so. |
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