Criminal Justice (Mutual Assistance) (Amendment) Act 2015

In short

This law updates existing legislation concerning mutual legal assistance in criminal matters, primarily to incorporate new European Union decisions and an agreement with Japan. It aims to improve cooperation between countries in areas like confiscation of assets and financial penalties.

What it regulates

The application of mutual recognition to confiscation orders.
The application of mutual recognition to financial penalties.
Cooperation between special intervention units of EU Member States in crisis situations.
The strengthening of Eurojust, an EU body for judicial cooperation.

Who it concerns

Member States of the European Union.
Japan, through an agreement on mutual legal assistance in criminal matters.

Key points

It amends the "Principal Act," which is the Criminal Justice (Mutual Assistance) Act 2008.
It incorporates the "Agreement with Japan" on mutual legal assistance in criminal matters, done at Brussels on 30 November 2009 and at Tokyo on 15 December 2009.
It includes the "2005 Framework Decision" on the application of mutual recognition to financial penalties.
It includes the "2006 Framework Decision" on the application of the principle of mutual recognition to confiscation orders.

Legal text

Criminal Justice (Mutual Assistance) (Amendment) Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 Criminal Justice (Mutual Assistance) (Amendment) Act 2015 Criminal Justice (Mutual Assistance) (Amendment) Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 40 of 2015 CRIMINAL JUSTICE (MUTUAL ASSISTANCE) (AMENDMENT) ACT 2015 CONTENTS Section 1. Interpretation 2. Amendment of section 2 of Principal Act 3. Amendment of section 31

(1)of Principal Act 4. Amendment of section 32

(6)(a) of Principal Act 5. Amendment of section 34

(1)of Principal Act 6. Amendment of section 35

(6)of Principal Act

Amendment of section 38 of Principal Act
Amendment of section 44 of Principal Act
Amendment of section 45

(1)of Principal Act

Amendment of section 48 of Principal Act
Amendment of section 49 of Principal Act
External confiscation orders (designated states other than member states)
External confiscation orders (member states)
Refusal to confiscate
Postponement of confiscation
Variation or discharge of confiscation co-operation orders
Variation or discharge of external confiscation orders from member states
Termination of external confiscation orders from member states
Central Authority to inform competent authority
Amendment of section 53 of Principal Act
Amendment of section 56 of Principal Act
Amendment of section 57(b) of Principal Act
Application of provisions on enforcement and realisation to execution of external confiscation order from member states
Financial penalties
Amendment of section 67 of Principal Act
Amendment of section 68

(2)(

d)of Principal Act 27. Amendment of section 69(
a)of Principal Act 28. Amendment of section 74 of Principal Act 29. Amendment of section 75 of Principal Act 30. Powers of officers of Revenue Commissioners 31. Special intervention units 32. Eurojust national member 33. Insertion of Schedules 5A, 5B, 7A, 7B and 7C to Principal Act 34. Amendment of section 65 of Criminal Justice Act 1994 35. Amendment of section 51

(1)of Garda Síochána Act 2005

Repeals
Short title, collective citation and commencement SCHEDULE 1 Text of Agreement Between the European Union and Japan on Mutual Legal Assistance in Criminal Matters SCHEDULE 2 Text of Council Framework Decision 2005/214/JHA of 24 February 2005 on the Application of Mutual Recognition to Financial Penalties SCHEDULE 3 Text of Council Framework Decision 2006/783/JHA of 6 October 2006 on the Application of the Principle of Mutual Recognition to Confiscation Orders SCHEDULE 4 Text of Council Decision 2008/617/JHA of 23 June 2008 on the Improvement of Cooperation Between Special Intervention Units of the Member States of the European Union in Crisis Situations SCHEDULE 5 Text of Council Decision 2009/426/JHA of 16 December 2008 on the Strengthening of Eurojust and Amending Decision 2002/187/JHA Setting up Eurojust with a view to Reinforcing the Fight Against Serious Crime Acts Referred to Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20) Criminal Justice (Mutual Assistance) Act 2008 (No. 7) Criminal Justice Act 1994 (No. 15) Fines (Payment and Recovery) Act 2014 (No. 7) Garda Síochána Act 2005 (No. 20) Number 40 of 2015 CRIMINAL JUSTICE (MUTUAL ASSISTANCE) (AMENDMENT) ACT 2015 An Act to give effect to Council Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders 1 , Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties2 , Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between special intervention units of the Member States of the European Union in crisis situations3 , Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime4 , Council Decision 2010/616/EU of 7 October 2010 on the conclusion of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters5 ; to give further effect to Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial6 ; for those purposes, to amend the Criminal Justice (Mutual Assistance) Act 2008 , the Criminal Justice Act 1994 , the Criminal Justice (Joint Investigation Teams) Act 2004 and the Garda Síochána Act 2005 ; and to provide for related matters. [1 st December, 2015] Be it enacted by the Oireachtas as follows: Interpretation
In this Act— “Minister” means the Minister for Justice and Equality; “Principal Act” means the Criminal Justice (Mutual Assistance) Act 2008 . Amendment of section 2 of Principal Act
Section 2 of the Principal Act is amended— (a) in subsection

(1)— (

i)in the definition of “international instrument”— (I) by the insertion of the following paragraph after paragraph (c): “(
ca)the Agreement with Japan;”, (II) in paragraph (e), by the substitution of “2003 Framework Decision” for “Framework Decision”, (III) by the insertion of the following paragraphs after paragraph (e): “(
ea)the 2005 Framework Decision; (
eb)the 2006 Framework Decision;”, (IV) by the insertion of the following paragraph after paragraph (
gb)(inserted by section 128 (
b)of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 : “(
gc)the 2008 Council Decision (special intervention units); (
gd)the 2009 Council Decision;”, and (V) by the substitution of the following paragraph for paragraph (m): “(
m)a bilateral agreement between the State and a designated state, or a multilateral agreement between the State and other designated states, for the provision of such assistance; and”, (
ii)in the definition of “member state” (amended by section 128 (
c)of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ), by the substitution of the following paragraph for paragraph (a): “(
a)a member state of the European Union (other than the State), for the purposes of mutual assistance under the provisions of the 2000 Convention, 2001 Protocol, Articles 49 and 51 of the Schengen Convention, 2003 Framework Decision, 2005 Framework Decision, 2005 Council Decision, Article 7 of the 2008 Council Decision, Article 1 of the 2009 Agreement with Iceland and Norway insofar as it applies Article 7 of the 2008 Council Decision in bilateral relations between Iceland or Norway and each member state of the European Union (other than the State) and in relations between Iceland and Norway, 2008 Council Decision (special intervention units), and”, (iii) by the deletion of the definition of “Framework Decision”, and (
iv)by the insertion of the following definitions: “ ‘Agreement with Japan’ means the Agreement between the European Union and Japan on mutual legal assistance in criminal matters, done at Brussels on 30 November 2009 and at Tokyo on 15 December 2009; ‘2008 Council Decision (special intervention units)’ means Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between special intervention units of the member states of the European Union in crisis situations7 ; ‘2009 Council Decision’ means Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime 8 ; ‘2010 Council Decision’ means Council Decision 2010/616/EU of 7 October 2010 on the conclusion of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters9 ; ‘2003 Framework Decision’ means Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence10 ; ‘2005 Framework Decision’ means Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of mutual recognition to financial penalties11 ; ‘2006 Framework Decision’ means Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders12 ;”, and (
b)in section 2

(6)— (

i)by the insertion of the following paragraph after paragraph (c): “(
ca)Schedule 3A sets out the English text of the Agreement with Japan,”, (
ii)in paragraph (e), by the substitution of “2003 Framework Decision” for “Framework Decision”, (iii) by the insertion of the following paragraphs after paragraph (e): “(
ea)Schedule 5A sets out the English text of the 2005 Framework Decision, (
eb)Schedule 5B sets out the English text of the 2006 Framework Decision,”, (
iv)by the insertion of the following paragraphs after paragraph (g): “(
ga)Schedule 7A sets out the English text of the 2008 Council Decision (special intervention units), (
gb)Schedule 7B sets out the English text of the 2009 Council Decision.”. Amendment of section 31

(1)of Principal Act 3. Section 31

(1)of the Principal Act is amended by— (

a)the substitution of the following definition for the definition of “certificate”: “ ‘certificate’ means— (
a)the certificate provided for in Article 9 of the 2003 Framework Decision, the standard form of which is set out in the Annex to that Framework Decision, or (
b)the certificate provided for in Article 4 of the 2006 Framework Decision, the standard form of which is set out in the Annex to that Framework Decision, as the context requires;”, (
b)the insertion of the following definition: “ ‘competent authority’— (
a)in relation to a member state, means the authority or authorities determined by that state in accordance with Article 3 of the 2006 Framework Decision to be the competent authority of that member state, and (
b)in relation to a designated state other than one referred to in paragraph (a), means the authority or authorities determined by that state in accordance with the relevant international instrument to be the competent authority of that designated state;”, and (
c)the substitution of the following paragraph for paragraph (
a)of the definition of “realisable property”: “(
a)in relation to a freezing co-operation order, a confiscation co-operation order or an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state made in respect of specified property, the property specified in the order, and”. Amendment of section 32

(6)(a) of Principal Act 4. Section 32

(6)(a) of the Principal Act is amended by the substitution of “section 33” for “section 33

(4)”. Amendment of section 34

(1)of Principal Act 5. Section 34

(1)of the Principal Act is amended by the substitution of “2003 Framework Decision” for “Framework Decision”. Amendment of section 35

(6)of Principal Act 6. Section 35

(6)of the Principal Act is amended by the substitution of “2003 Framework Decision” for “Framework Decision”. Amendment of section 38 of Principal Act 7. Section 38 of the Principal Act is amended— (a) in subsection

(1), by the insertion of “or, in the case of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, that external confiscation order” after “confiscation co-operation order”, and (b) in subsection

(4), by the substitution of “any order referred to in subsection

(1)” for “any confiscation co-operation order”. Amendment of section 44 of Principal Act 8. Section 44 of the Principal Act is amended by the substitution of the following paragraph for paragraph (b): “(

b)where the order is for the purpose of subsequent confiscation of property— (
i)in the case of confiscation on foot of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, until the execution of that external confiscation order or until the Central Authority has informed the competent authority in the designated state concerned of one of the matters under paragraphs (c), (d), (e), (
f)and (
g)of section 51G, and (
ii)in any other case, until a confiscation co-operation order is made or the request for such an order is refused and the refusal is upheld on any appeal against it, or”. Amendment of section 45

(1)of Principal Act 9. Section 45

(1)of the Principal Act is amended by the insertion of “the Central Authority or” after “on application by”. Amendment of section 48 of Principal Act 10. Section 48 of the Principal Act is amended— (a) in subsection

(2), by the substitution of “this Part” for “Part 5”, (b) in subsection

(3)(a), by the substitution of “2003 Framework Decision” for “Framework Decision”. Amendment of section 49 of Principal Act 11. Section 49 of the Principal Act is amended by— (a) the insertion of the following subsection after subsection

(2): “(2A) Where the Director of Public Prosecutions sends a request to the Central Authority under subsection

(2)the Director of Public Prosecutions shall inform the Central Authority— (

a)if there is a risk that the amount that may be realised in pursuance of such a request is greater than the amount ordered to be paid under the confiscation order, stating that there is that risk and requesting that the amount to be realised not exceed the amount specified in the request, (
b)if all or part of the confiscation order has been executed in the State or in another designated state, stating the amount of the proceeds of realisation and requesting that the amount to be realised in the designated state concerned not exceed the difference between the amount specified in the confiscation order and those proceeds of realisation, (
c)if the defendant has made any voluntary payment in respect of the confiscation order after it was transmitted, stating the amount of that voluntary payment and requesting that the amount to be realised in the designated state concerned not exceed the difference between the amount specified in the confiscation order and the amount paid voluntarily, or (
d)if the confiscation order ceases to be enforceable, stating that fact.”, and (
b)the insertion of the following subsection after subsection

(4): “(4A) Transmission of documents referred to in subsections

(2)and (2A) shall be by any means capable of producing a written record under conditions which allow the competent authority or competent authorities concerned to establish the documents’ authenticity.”. External confiscation orders (designated states other than member states) 12. The Principal Act is amended by the substitution of the following section for section 51: “51.

(1)The Central Authority, on receipt of an external confiscation order and accompanying documents transmitted by or on behalf of a court in a designated state other than a member state, may cause an application to be made to the High Court for an order (a ‘confiscation co-operation order’) for the confiscation of realisable property to which the external confiscation order relates and that is in the State.

(2)The application shall be accompanied by the request, the accompanying documents and any other related documents or by copies thereof.

(3)On the application the Court may, subject to section 51B, 51C or 51D, as may be appropriate, make a confiscation co-operation order.”. External confiscation orders (member states) 13. The Principal Act is amended by the insertion of the following section after section 51: “51A.

(1)Where the Central Authority receives an external confiscation order that has been transmitted by or on behalf of a court in a designated state that is a member state, it shall, subject to subsection

(2), transmit the external confiscation order to the Director of Public Prosecutions for execution under this Act.

(2)Where the Central Authority considers that there are grounds for refusal, postponement, variation or termination of the execution of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, in accordance with the relevant international instrument, the Central Authority shall cause an application to be made to the High Court for an order under section 51B, 51C, 51E or 51F, as the case may be.”. Refusal to confiscate 14. The Principal Act is amended by the insertion of the following section after section 51A: “51B.

(1)On application made in accordance with section 51

(1)or 51A

(2)and without prejudice to section 3, the High Court shall refuse to make a confiscation co-operation order in respect of an external confiscation order,or shall make an order refusing the execution of an external confiscation order made by or on behalf of a court in a designated state that is a member state, as the case may be, if— (a) subject to subsection

(4), the conduct which resulted in the making of the external confiscation order is not an offence to which the relevant international instrument relates, (

b)there is immunity or privilege under the law of the State which makes it impossible to make the confiscation co-operation order or execute the external confiscation order, as the case may be, (
c)it is immediately clear from the information provided in a certificate that compliance with the external confiscation order in relation to the offence that resulted in the making of that order would infringe the ne bis in idem principle, (
d)the defendant did not appear in person at the trial resulting in the external confiscation order, unless the certificate from the court in the designated state concerned states that— (
i)he or she was notified of the time when, and place at which, the proceedings were to take place, or he or she was otherwise aware of the scheduled proceedings, and he or she was informed that an external confiscation order could be made even if he or she did not appear, (
ii)he or she was aware of the proceedings concerned and was represented at those proceedings by a lawyer whom he or she has appointed, (iii) after having been served with the external confiscation order and expressly informed of his or her right to a retrial or an appeal in which he or she would have been able to participate and which could have led to the original decision being reversed, he or she— (I) expressly stated that he or she did not contest the external confiscation order, or (II) did not request the retrial or appeal within the time limit for exercising that right, or (
iv)in a case where he or she was not personally served with the external confiscation order, an undertaking has been given by the designated state concerned that he or she will be personally served with the external confiscation order without delay and will be expressly informed of his or her right to a retrial or an appeal in which he or she will be able to participate and which could lead to a reversal of the order, and of the time limit for exercising that right, (
e)the criminal conduct concerned was either committed outside the territory of the designated state concerned or committed wholly or partly in the State, or (
f)the enforcement of the confiscation co-operation order, or the execution of the external confiscation order, as the case may be, is statute barred.

(2)Where the copy of the external confiscation order is not accompanied by the documents required under section 50

(2), or is incomplete or does not correspond to the external confiscation order, the High Court— (

a)may permit the certified copy of the order, or a completed or corrected certified copy of the order, to be produced by or on behalf of the court concerned in accordance with a specified deadline, or (
b)shall refuse to make a confiscation co-operation order or, as the case may be, to execute the external confiscation order, unless it is satisfied, by the production of an equivalent document or otherwise, that the information provided by or on behalf of the court concerned is sufficient.

(3)The High Court shall not make a confiscation co-operation order or, as the case may be, shall make an order refusing the execution of the external confiscation order if it is satisfied that the rights of any person holding an interest in the property the subject of the external confiscation order concerned make it impossible to execute that order.

(4)Where an external confiscation order is transmitted by or on behalf of a court in a designated state that is a member state, and the offence that resulted in the making of the order is an offence referred to in Article 6

(1)of the 2006 Framework Decision punishable in that designated state by a maximum term of imprisonment of not less than 3 years, the High Court shall not make an order refusing the execution of the external confiscation order solely on the ground that the conduct constituting the offence that resulted in the making of that external confiscation order does not constitute an offence under the law of the State.”. Postponement of confiscation 15. The Principal Act is amended by the insertion of the following section after section 51B: “51C.

(1)Where an application is made in accordance with section 51

(1)or 51A

(2), the High Court may order the postponement of confiscation under this Chapter until such time as the Court considers reasonable, where to proceed with the confiscation, on foot of, as the case may be, a confiscation co-operation order or an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, might prejudice an ongoing criminal investigation in the State.

(2)The High Court may order the postponement of confiscation under this Chapter where the realisable property concerned is already subject to confiscation proceedings in the State.

(3)An order of the High Court postponing confiscation shall include an order that such measures as may be necessary to provide for the availability of the realisable property for the execution of the external confiscation order concerned be taken during the postponement period.

(4)When the grounds for the postponement cease to exist, the High Court shall, without delay— (

a)where the designated state is a member state, make an order for the execution of the external confiscation order concerned, or (
b)in any other case, make a confiscation co-operation order in respect of the external confiscation order concerned.

(5)For the purposes of this section the ‘postponement of confiscation’ means— (

a)the postponement of the execution of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, and (
b)in any other case, the postponement of the making of a confiscation co-operation order in respect of an external confiscation order.”. Variation or discharge of confiscation co-operation orders 16. The Principal Act is amended by the insertion of the following section after section 51C: “51D.

(1)Where a confiscation co-operation order has been made, the High Court, on application by the Central Authority or any person affected by the confiscation co-operation order— (

a)may vary or discharge it, (
b)shall vary it to the extent of any amount in respect of which there has already been confiscation in any state, if the High Court is satisfied that there has been such confiscation where— (
i)the person concerned has provided evidence that there has been such confiscation, in part, in that other state, and (
ii)the High Court has consulted with the competent authority in the designated state where the external confiscation order concerned was made, and that competent authority has confirmed that there has been confiscation in that other state and the extent of that confiscation, and (
c)shall discharge it if the High Court is satisfied that there is no need for the confiscation co-operation order where— (
i)the person concerned has provided evidence that there has been confiscation in any state, the High Court has consulted with the competent authority in the designated state where the external confiscation order was made and that competent authority has confirmed that that external confiscation order has been satisfied by confiscation in that other state, or (
ii)it has been informed by the competent authority in the designated state where the external confiscation order concerned was made that that order has ceased to be enforceable.

(2)Notice of an application under this section and of the grounds for it shall be given by the applicant, in such manner as may be prescribed by rules of court or as the High Court may direct, to the Central Authority for transmission to the designated state concerned.

(3)The making of an application under subsection

(1)shall not suspend the execution of the confiscation co-operation order concerned.”. Variation or discharge of external confiscation orders from member states 17. The Principal Act is amended by the insertion of the following section after section 51D: “51E.

(1)A person who claims to be affected by an external confiscation order that has been transmitted by or on behalf of a court in a designated state that is a member state to the Central Authority and then transmitted to the Director of Public Prosecutions under section 51A for execution in the State may make an application to the High Court to vary or discharge that external confiscation order.

(2)The High Court shall consider an application made under subsection

(1)and may vary or discharge the external confiscation order concerned only if it is informed by the competent authority in the designated state where the external confiscation order concerned was made that it has reviewed the substantive grounds for the order and has concluded that the external confiscation order concerned should be varied or discharged.

(3)Notice of an application under this section and of the grounds for it shall be given by the applicant, in such manner as may be prescribed by rules of court or as the High Court may direct, to the Central Authority for transmission to the designated state concerned.

(4)The making of an application under subsection

(1)shall not suspend the execution of the external confiscation order concerned.”. Termination of external confiscation orders from member states 18. The Principal Act is amended by the insertion of the following section after section 51E: “51F. Where an external confiscation order has been transmitted by or on behalf of a court in a designated state that is a member state to the Central Authority and the Central Authority has transmitted it to the Director of Public Prosecutions under section 51A for execution in the State, the execution of that external confiscation order shall be terminated by order of the High Court only if a request to terminate it has been received from the competent authority of the designated state concerned.”. Central Authority to inform competent authority 19. The Principal Act is amended by the insertion of the following section after section 51F: “51G. The Central Authority shall inform, by any means capable of producing a written record, the competent authority in the designated state that transmitted an external confiscation order of the following: (

a)where the external confiscation order was transmitted by or on behalf of a court in a designated state that is a member state, when the Central Authority receives the external confiscation order; (
b)where the external confiscation order was transmitted by or on behalf of a court in a designated state that is a member state, when the execution of the external confiscation order has been completed; (
c)where it is impossible to execute the external confiscation order under section 51A because, after consultation with that competent authority, the realisable property the subject of that order has been destroyed or cannot be found in the location indicated in the documents accompanying that order or that location has not been indicated in a sufficiently precise manner; (
d)where the High Court refuses under section 51B to make a confiscation co-operation order, or makes an order refusing the execution of an external confiscation order made by or on behalf of a designated state that is a member state because, after consultation with that competent authority, the realisable property the subject of that external confiscation order has been destroyed or cannot be found in the location indicated in the documents accompanying the external confiscation order or that location has not been indicated in a sufficiently precise manner; (
e)where there has been postponement of confiscation ordered in respect of that external confiscation order under section 51C, or the grounds for such a postponement have ceased and an order has therefore been made under subsection

(4)of that section; (

f)where there has been variation or discharge in respect of that external confiscation order under section 51D or 51E; or (
g)where the execution of the external confiscation order has been terminated under section 51F.”. Amendment of section 53 of Principal Act 20. Section 53 of the Principal Act is amended— (
a)in subsection

(1)(a), by the insertion of “an external confiscation order or” before “a confiscation co-operation order”, (b) by the addition of the following subsections after subsection

(6): “

(7)Where property recovered by the execution of an external confiscation order or confiscation co-operation order is not a sum of money, the receiver may— (

a)cause the property recovered to be transferred to the state concerned, or (
b)cause the property recovered to be sold and, subject to subsection

(8), the proceeds transferred to the state concerned.

(8)Where property recovered by the execution of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state is a sum of money or the proceeds of a sale under subsection

(7)(

b)— (
a)if that sum is less than €10,000, it shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct, and (
b)if that sum is €10,000 or more, 50 per cent of the sum shall be transferred to the designated state concerned and the remaining 50 per cent shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.”. Amendment of section 56 of Principal Act 21. Section 56 of the Principal Act is amended by the addition of the following subsection: “

(5)Where realisable property is the subject of an external confiscation order and a request under section 75, whether or not transmitted from the same designated state, the request under section 75 shall have priority over the external confiscation order.”. Amendment of section 57(

b)of Principal Act 22. Section 57(
b)of the Principal Act is amended by the insertion of “an external confiscation order or” after “shall be construed as references to”. Application of provisions on enforcement and realisation to execution of external confiscation order from member states 23. The Principal Act is amended by the insertion of the following section in Chapter 3 of Part 4 after section 57: “57A. Sections 52, 54, 55, 56 and 57 apply in relation to external confiscation orders transmitted by or on behalf of courts in designated states that are member states (except where the execution of such orders is subject to refusal, postponement, variation or discharge, or termination under sections 51B, 51C, 51E and 51F respectively) as they apply in relation to confiscation co-operation orders.”. Financial penalties 24. The Principal Act is amended by the insertion of the following Part after Part 4: “Part 4A Financial Penalties Interpretation 60A. In this Part— ‘appropriate court’, in relation to an external financial penalty order, means a court in the State that has jurisdiction to impose a financial penalty of the same amount as the sum mentioned in the external financial penalty order; ‘certificate’ means the certificate provided for in Article 4 of the 2005 Framework Decision, the standard form of which is provided for in the Annex to that Framework Decision; ‘competent authority’, in relation to a member state, means— (
a)the issuing judicial authority in the member state, or (
b)the authority in the member state that the General Secretariat of the Council of the European Union has, in accordance with Article 2 of the 2005 Framework Decision, been informed is to be the competent authority in that member state; ‘executing state’, in relation to a financial penalty order, means the member state to which the order is transmitted for enforcement; ‘external financial penalty order’ means a financial penalty order that is made by an issuing judicial authority in an issuing state; ‘financial penalty’, in relation to a defendant, means an obligation for the defendant to pay, further to a conviction for an offence, in an issuing state or the State— (
a)a fine, costs or any other sum of money to the issuing state or the State, as the case may be, (
b)a sum as compensation for the benefit of a victim of the offence, or (
c)a sum of money to a public fund or victim support organisation; ‘financial penalty order’, means an order of— (
a)a court in the State imposing a financial penalty, or (
b)an issuing judicial authority in an issuing state imposing a financial penalty that is enforceable under the law of that state; ‘issuing judicial authority’, in relation to an external financial penalty order, means a judicial authority in an issuing state, as defined in the law of that state, which makes, validates or in any way confirms the external financial penalty order; ‘issuing state’, in relation to an external financial penalty order, means the member state in which that order was made. Request for execution of financial penalty order in member state 60B.

(1)If a financial penalty order relates to a defendant who has property or income, or is normally resident, in a member state, the registrar or clerk of the court concerned shall, on request of the prosecuting authority and subject to any conditions that may be specified by rules of court, give to the Central Authority— (

a)a duly authenticated copy of the order, and (
b)a certificate signed by the registrar or clerk and stating that the prescribed time for lodging an appeal has expired or, as the case may be, will expire on a specified date.

(2)If the financial penalty which is the subject of the financial penalty order has not been paid in whole or in part, the Central Authority may transmit to the competent authority in the member state concerned— (a) the documents mentioned in subsection

(1), (

b)a certificate, and (
c)a request that the financial penalty order be executed in accordance with the 2005 Framework Decision.

(3)Where the Central Authority makes a request under subsection

(2)— (

a)if all or part of the financial penalty order has not been executed in the State or in another member state, stating the amount paid and requesting that the amount to be paid in the member state concerned not exceed the difference between the amount specified in the financial penalty order and the amount paid, and (
b)if the defendant has made any voluntary payment in respect of the financial penalty order after it was transmitted, stating the amount of that voluntary payment and requesting that the amount to be paid to the member state concerned not exceed the difference between the amount specified in the financial penalty order and the amount paid voluntarily, and (
c)if the financial penalty order ceases to be enforceable, stating that fact.

(4)If— (a) an amount is paid to the member state concerned in pursuance of a request under subsection

(2), and (b) the amount paid is less than, or equal to, the amount ordered to be paid under the financial penalty order, the amount so ordered under the financial penalty order is deemed to be reduced by an amount equal to the amount paid or, as the case may be, the financial penalty order is deemed to be discharged.

(5)In any proceedings a certificate purporting to be issued by a competent authority in a member state and stating— (

a)the amount of any payment made to the member state pursuant to the request, and (
b)the date of that payment, is admissible, without further proof, as evidence of those matters.

(6)Transmission of documents referred to in subsections

(2)and

(3)shall be by any means capable of producing a written record under conditions which allow the competent authority concerned to establish the documents’ authenticity. Transmission to State of external financial penalty order 60C.

(1)An external financial penalty order may be transmitted by the competent authority of an issuing state to the Central Authority with a request for its execution.

(2)The external financial penalty order shall be accompanied by— (

a)a certificate signed and certified as accurate by the competent authority in the issuing state and any supporting documentation, and (
b)any required translations, and shall include any further information required by the 2005 Framework Decision.

(3)Transmission of the documents referred to in subsections

(1)and

(2)shall be by any means capable of producing a written record under conditions which allow the Central Authority or the appropriate court to establish the documents’ authenticity.

(4)Subsection

(3)is deemed to have been complied with if facsimile copies of those documents and any translation thereof are transmitted in compliance with any regulations that may be made under subsection

(6).

(5)If the Central Authority or the appropriate court is not satisfied that a facsimile copy of a document transmitted in accordance with this section corresponds to the document of which it purports to be such a copy, the Central Authority or the appropriate court shall— (

a)request the competent authority in the issuing state to cause the original or a copy of the document to be transmitted to the Central Authority, and (
b)agree with that competent authority regarding the manner in which the original or copy is to be so transmitted.

(6)The Minister may, if he or she considers it necessary for the purposes of ensuring the accuracy of documents transmitted in accordance with this section, make regulations— (

a)prescribing procedures to be followed in connection with the transmission of documents in accordance with this section, and (
b)specifying features to be present in any equipment being used in that connection. External financial penalty orders 60D.

(1)Where the Central Authority receives an external financial penalty order that has been transmitted by a competent authority in an issuing state, it shall proceed to the execution of that order as though it were an order of an appropriate court.

(2)Where the Central Authority considers that there are grounds for refusal, variation or termination of the execution of an external financial penalty order transmitted to it in accordance with the 2005 Framework Decision, the Central Authority shall cause an application to be made to the appropriate court for an order under section 60E, 60F or 60G.

(3)Where the Central Authority proceeds to execute an external financial penalty order that has been transmitted by a competent authority in an issuing state, the Fines (Payment and Recovery) Act 2014 shall apply to the execution of that financial penalty order as though it were an order of an appropriate court.

(4)Where a sum of money payable or remaining to be paid under an external financial penalty order is expressed in a currency other than euro, the external financial penalty order shall require payment of an equivalent euro amount, calculated at the baseline rate of exchange prevailing between that currency and the euro on the date of the making of the external financial penalty order. Refusal to execute external financial penalty order 60E.

(1)On application made under section 60D

(2)and without prejudice to section 3, the appropriate court shall make an order refusing the execution of an external financial penalty order made by an issuing judicial authority if— (

a)a financial penalty order has been made in the State against the defendant in respect of the conduct which resulted in the making of the external financial penalty order, (
b)a financial penalty order has been made in a state other than the issuing state or the State, in respect of the conduct which resulted in the making of the external financial penalty order, and has been executed, (
c)the conduct which resulted in the making of the external financial penalty order is not an offence in the State, (
d)the execution of the financial penalty order is statute barred in the State, (
e)the criminal conduct concerned was either committed outside the territory of the issuing state concerned or committed wholly or partly in the State, (
f)there is immunity or privilege under the law of the State which makes it impossible to execute the external financial penalty order, (
g)the defendant could not have been convicted in the State of an offence in respect of the conduct which resulted in the making of the external financial penalty order because of his or her age, (
h)the defendant did not appear in person at the proceedings resulting in the external financial penalty order, unless the certificate from the issuing judicial authority states that— (
i)he or she was summonsed to attend in person the proceedings, or he or she was otherwise made aware, by official notification, of the time when, and the place at which, those proceedings were to take place, and he or she was informed that an external financial penalty order could be made even if he or she did not appear, (
ii)he or she was aware of the proceedings concerned and was represented at those proceedings by a lawyer whom he or she appointed, (iii) after having been served with the external financial penalty order and expressly informed of his or her right to a retrial or an appeal at which he or she would have been able to participate (and which would have been an examination of the case on its merits, including the possibility of adducing fresh evidence), and which could have led to a reversal of the original decision, he or she— (I) expressly stated that he or she did not contest the external financial penalty order, or (II) did not request the retrial or appeal within the time limit for exercising that right, or (
iv)where he or she was not personally served with the external financial penalty order, an undertaking has been given by the issuing state concerned that he or she will be personally served with the external financial penalty order without delay and will be expressly informed of his or her right to a retrial or an appeal in which he or she will be able to participate (and which will be an examination of the case on its merits, including the possibility of adducing fresh evidence), and which could lead to a reversal of the order, and of the time limit for exercising that right, or (
i)the amount of the financial penalty the subject of the external financial penalty order is less than €70.

(2)If the certificate did not accompany the external financial penalty order, or is incomplete or manifestly does not correspond to the external financial penalty order, the appropriate court— (

a)may permit the certificate, or a completed or corrected certificate, to be produced by or on behalf of the court concerned in accordance with a specified deadline, or (
b)may refuse to execute the external financial penalty order, unless it is satisfied, by the production of an equivalent document or otherwise, that the information provided by or on behalf of the court concerned is sufficient. Variation of amount payable under external financial penalty order 60F. On application made under section 60D

(2)and without prejudice to section 3, the appropriate court may make an order— (

a)where that court is satisfied that, had the conduct which was the subject of the conviction on which that external financial penalty order was made been carried out in the State, the maximum amount of a penalty that could have been imposed was less than the sum mentioned in that order, reducing the amount that the defendant is to pay to that maximum amount, (
b)where the court is satisfied that there has been partial payment of the sum mentioned in the external financial penalty order, reducing the amount that the defendant is to pay to the difference between the sum mentioned in the order and the amount already paid, or (
c)where the court is satisfied that, in all the circumstances, the defendant should be excused from paying all or part of the sum mentioned in the external financial penalty order, ordering that the amount be so reduced. Termination of execution of external financial penalty order 60G. Where an external financial penalty order has been transmitted to the Central Authority for execution in the State, the execution of the external financial penalty order shall terminate as soon as may be after the Central Authority is informed by the competent authority of the issuing state concerned that that external financial penalty order has ceased to be enforceable or has been withdrawn by that issuing state or where the court is satisfied on an application made under section 60D

(2)that, in all the circumstances, the defendant should be excused from paying all or part of the sum mentioned in the external financial penalty order, ordering that the amount be so reduced. Central Authority to inform competent authority 60H. The Central Authority shall inform, by any means capable of producing a written record, the competent authority in the issuing state that transmitted an external financial penalty order of the following: (

a)the Central Authority has received the external financial penalty order, as soon as may be after the Central Authority receives it; (
b)an order refusing the execution of the financial penalty order under section 60E, or reducing the amount to be paid on foot of it under section 60F, has been made, as soon as may be after it is made; (
c)an order terminating the execution of the external financial penalty order has been made, as soon as may be after it is made; (
d)the execution of the external financial penalty order is complete, as soon as may be after it is complete; or (
e)imprisonment or another alternative sanction has been imposed by a court in the State on the defendant in accordance with Article 10 of the 2005 Framework Decision, as soon as may be after it is imposed. Amounts to accrue to Exchequer 60I. An amount paid on foot of an external financial penalty order shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct, unless an agreement is made between the Central Authority and the competent authority in the issuing state concerned that all or part of that amount will be paid to that issuing state.”. Amendment of section 67 of Principal Act 25. Section 67 of the Principal Act is amended— (
a)in subsection

(1)(c), by the substitution of “practicable” for “possible”, (b) in subsection

(3), by the substitution of “practicable” for “possible”, (c) in subsection

(4)(d), by the substitution of “practicable” for “possible”. Amendment of section 68

(2)(d) of Principal Act 26. Section 68

(2)(

d)of the Principal Act is amended by the substitution of “practicable” for “possible”. Amendment of section 69(
a)of Principal Act 27. Section 69(
a)of the Principal Act is amended by the substitution of “practicable” for “possible”. Amendment of section 74 of Principal Act 28. Section 74 of the Principal Act is amended by the insertion of the following subsections after subsection

(12): “(12A) Where the evidence sought is already in the possession of the Garda Síochána, or where material referred to in subsection

(9)is obtained on foot of a warrant under this section, the Commissioner of the Garda Síochána shall arrange for the evidence to be transmitted, to the requesting authority— (

a)without delay, (
b)in accordance with the request, and (
c)in accordance with any directions that the Minister may give. (12B) Any evidential material taken away by a member of the Garda Síochána under this section may be dealt with in accordance with the request.”. Amendment of section 75 of Principal Act 29. Section 75 of the Principal Act is amended by the insertion of the following subsection after subsection

(8): “(8A) Where the material sought is already in the custody of the Garda Síochána or has been obtained on foot of an order under subsection

(10), the Commissioner of the Garda Síochána shall arrange for the material to be transmitted to the requesting authority— (

a)without delay, (
b)in accordance with the request, and (
c)in accordance with any directions that the Minister may give.”. Powers of officers of Revenue Commissioners 30. The Principal Act is amended by the insertion of the following section after section 75: “75A. Where a request under section 74 or 75 is in relation to a revenue offence, the powers of a member of the Garda Síochána may also be exercised by an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section, and sections 74 and 75 apply, subject to the following and any other necessary modifications: (
a)a reference to the ‘Commissioner of the Garda Síochána’ shall be read, in relation to such a request, as a reference to the ‘Revenue Commissioners’; (
b)a reference to a ‘member’, in relation to the Garda Síochána, shall be read, in relation to such a request, as including a reference to an ‘officer of the Revenue Commissionersauthorised by them in writing to exercise the powers conferred by this section’; (
c)a reference to evidence being ‘in the possession of the Garda Síochána’ shall be read, in relation to such a request, as including a reference to its being ‘in the possession of the Revenue Commissioners’; (
d)a reference to ‘a member of the Garda Síochána not below the rank of inspector’ shall be read, in relation to such a request, as including a reference to ‘an officer of the Revenue Commissioners not below the rank of Higher Executive Officer’; (
e)a reference to material being ‘in the custody of the Garda Síochána’ shall be read as including a reference to its being ‘in the custody of the Revenue Commissioners’.”. Special intervention units 31. The Principal Act is amended by the insertion of the following Part after section 94: “Part 7A Special Intervention Units Interpretation 94A. In this Part— ‘competent authority’, in relation to the State, means the Minister and, in relation to a member state, means the authority designated by that member state to be the competent authority of that member state for the purposes of the 2008 Council Decision (special intervention units); ‘crisis situation’ means any situation in which the competent authority or the competent authority of a member state has reasonable grounds to believe that, as a result of a criminal offence, there exists a serious direct physical threat to persons, property, infrastructure or institutions in the State or in that member state; ‘special intervention unit’— (
a)if and when operating in a member state, has the meaning assigned to it by section 94B, (
b)if and when operating in the State, means a special intervention unit consisting of a law enforcement unit of another member state which is specialised in the control of a crisis situation. Special intervention unit 94B. For the purpose of providing assistance under section 94E, the Garda Commissioner may establish a special intervention unit, where required for the control of a crisis situation, from such members of the Garda Síochána as the Garda Commissioner considers appropriate. Request to member state for assistance of special intervention unit in dealing with crisis situation 94C.

(1)Where the competent authority is satisfied that— (

a)as a result of the commission of a criminal offence, a crisis situation exists in the State, and (
b)there are reasonable grounds for believing that it is in the public interest to seek the assistance of a special intervention unit from a member state, and (
c)the Government has agreed to the request for the assistance of a special intervention unit, the competent authority may request the competent authority of that member state to provide the assistance of a special intervention unit in accordance with the 2008 Council Decision (special intervention units).

(2)A request under subsection

(1)shall specify the following: (

a)the competent authority making the request; (
b)the nature of the crisis situation; (
c)the criminal offence giving rise to the crisis situation; (
d)the nature and form of the assistance requested; (
e)the operational necessity for the assistance requested; and (
f)the expected period for which the assistance is required.

(3)The competent authority shall furnish to the other competent authority such other information (if any) as would reasonably be required by that authority to decide whether or not to agree to provide the assistance sought.

(4)Where the requested competent authority accedes to the request, the competent authority may, subject to this Chapter, agree with that authority the form of assistance required including— (

a)the provision of equipment, (
b)the provision of expertise, (
c)the assistance in the State of a special intervention unit of the member state concerned. Request to State for assistance of special intervention unit in dealing with crisis situation 94D.

(1)In accordance with the 2008 Council Decision (special intervention units), the competent authority shall consider a request for assistance in dealing with a crisis situation received from the competent authority of a member state.

(2)A request under subsection

(1)shall specify the following: (

a)the competent authority making the request; (
b)the nature of the crisis situation; (
c)the criminal offence giving rise to the crisis situation; (
d)the nature and form of the assistance requested; (
e)the operational necessity for the assistance requested; and (
f)the expected period for which the assistance is required.

(3)The competent authority may seek from the requesting competent authority such other information (if any) as would reasonably be required to decide whether or not to agree to provide the assistance sought.

(4)Where the competent authority accedes to the request for assistance, the competent authority may, subject to Government approval, agree with the requesting competent authority the form of assistance including: (

a)equipment; (
b)expertise; (
c)assistance in the member state of a special intervention unit established under section 94B. Operation of special intervention unit 94E.

(1)A special intervention unit formed under section 94B shall be established for a specific purpose and a limited period of time which may be extended, if the circumstances so require, for such period or periods as may be agreed by the competent authority and the other competent authority concerned.

(2)Notwithstanding subsection

(1), the competent authority may terminate the provision of assistance when— (

a)the purpose for which the assistance was agreed has been served, or (
b)no further benefit is likely to accrue from the continued operation of the special intervention unit.

(3)Subject to subsection

(1), a special intervention unit may operate in the State or in a member state, as the case may be, for so long as it is necessary to do so for the purpose of dealing with the crisis situation for which the unit was established.

(4)A special intervention unit operating in the State shall do so in a supporting capacity to the law enforcement authorities of the State and shall operate— (

a)under the responsibility, authority and direction of the Garda Commissioner, (
b)in accordance with the law of the State, and (
c)within the limits of the powers conferred on the unit under the national law of the member state concerned.”. Eurojust national member 32. The Principal Act is amended by the insertion of the following section after section 95: “95A. The Minister may, in accordance with the 2009 Council Decision, designate an authority or authorities as the Eurojust national member who may transmit and receive information in accordance with that Council Decision.”. Insertion of Schedules 5A, 5B, 7A, 7B and 7C to Principal Act 33. The Principal Act is amended by the insertion— (
a)after Schedule 3 of Schedule 3A as set out in Schedule 1 to this Act, (
b)after Schedule 5 of Schedule 5A as set out in Schedule 2 to this Act, (
c)after Schedule 5A (inserted by paragraph (b)) of Schedule 5B as set out in Schedule 3 to this Act, (
d)after Schedule 7 of Schedule 7A as set out in Schedule 4 to this Act, (
e)after Schedule 7A (inserted by paragraph (d)) of Schedule 7B as set out in Schedule 5 to this Act. Amendment of section 65 of Criminal Justice Act 1994 34. Section 65 of the Criminal Justice Act 1994 is amended by the insertion of the following subsection after subsection

(4): “(4A) The court may order compensation to be paid under this section to a person with an interest in property affected by an order made under section 35, 51, or 60 or executed under section 51A or 60D of the Criminal Justice (Mutual Assistance) Act 2008 — (

a)notwithstanding that he or she is not the person who was the subject of the relevant investigation, and (
b)only if the court is satisfied— (
i)that there has been some serious default on the part of a person concerned in the carrying out of that order on behalf of the State, and (
ii)that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of that order.”. Amendment of section 51

(1)of Garda Síochána Act 2005 35. Section 51

(1)of the Garda Síochána Act 2005 is amended— (

a)in paragraph (a), by the substitution of “organisation,” for “organisation, or”, (
b)in paragraph (b), by the substitution of “such duties, or” for “such duties.”, and (
c)by the insertion of the following paragraph after paragraph (b): “(
c)to participate in a special intervention unit, within the meaning of Part 7A (inserted by section 31 of the Criminal Justice (Mutual Assistance) (Amendment) Act 2015) of the Criminal Justice (Mutual Assistance) Act 2008 , for the control of a crisis situation occurring in the territory of a member state.”. Repeals 36. The following provisions are repealed: (
a)section 88

(2)of the Principal Act, and (b) section 2

(2)of the Criminal Justice (Joint Investigation Teams) Act 2004 . Short title, collective citation and commencement 37.

(1)This Act may be cited as the Criminal Justice (Mutual Assistance) (Amendment) Act 2015.

(2)The Principal Act and this Act may be cited together as the Criminal Justice (Mutual Assistance) Acts 2008 and 2015.

(3)This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions. SCHEDULE 1 Text of Agreement Between the European Union and Japan on Mutual Legal Assistance in Criminal Matters “Schedule 3A Text of Agreement Between the European Union and Japan on Mutual Legal Assistance in Criminal Matters AGREEMENT between the European Union and Japan on mutual legal assistance in criminal matters THE EUROPEAN UNION, and JAPAN DESIRING to establish more effective cooperation between the European Union Member States and Japan in the area of mutual legal assistance in criminal matters, DESIRING that such cooperation will contribute to combating crime, REAFFIRMING their commitment to respect for justice, principles of the rule of law and democracy, and judicial independence, HAVE AGREED AS FOLLOWS: Article 1 Object and purpose 1. The requested State shall, upon request by the requesting State, provide mutual legal assistance (hereinafter referred to as ‘assistance’) in connection with investigations, prosecutions and other proceedings, including judicial proceedings, in criminal matters in accordance with the provisions of this Agreement. 2. This Agreement does not apply to extradition, transfer of proceedings in criminal matters and enforcement of sentences other than confiscation provided for under Article 25. Article 2 Definitions For the purpose of this Agreement: (

a)the term ‘Contracting Parties’ means the European Union and Japan; (
b)the term ‘Member State’ means a Member State of the European Union; (
c)the term ‘State’ means a Member State or Japan; (
d)the term ‘items’ means documents, records and other articles of evidence; (
e)the term ‘property’ means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets; (
f)the term ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence; (
g)the term ‘proceeds’ means any property derived from or obtained, directly or indirectly, through the commission of a criminal offence; (
h)the term ‘freezing or seizure’ means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority; and (
i)the term ‘confiscation’, which includes forfeiture where applicable, means a penalty or a measure, ordered by a court or other judicial authority following proceedings in relation to a criminal offence or criminal offences resulting in the final deprivation of property. Article 3 Scope of assistance Assistance shall include the following: (
a)taking testimony or statements; (
b)enabling the hearing by videoconference; (
c)obtaining items, including through the execution of search and seizure; (
d)obtaining records, documents or reports of bank accounts; (
e)examining persons, items or places; (
f)locating or identifying persons, items or places; (
g)providing items in the possession of the legislative, administrative or judicial authorities of the requested State as well as the local authorities thereof; (
h)serving documents and informing a person of an invitation to appear in the requesting State; (
i)temporary transfer of a person in custody for testimony or other evidentiary purposes; (
j)assisting in proceedings related to freezing or seizure and confiscation of proceeds or instrumentalities; and (
k)any other assistance permitted under the laws of the requested State and agreed upon between a Member State and Japan. Article 4 Designation and responsibilities of Central Authorities Each State shall designate the Central Authority that is the authority responsible for sending, receiving and responding to requests for assistance, the execution of such requests or their transmission to the authorities having jurisdiction to execute such requests under the laws of the State. The Central Authorities shall be the authorities listed in Annex I to this Agreement. Article 5 Communication between Central Authorities 1. Requests for assistance under this Agreement shall be sent by the Central Authority of the requesting State to the Central Authority of the requested State. 2. The Central Authorities of the Member States and Japan shall communicate directly with one another for the purpose of this Agreement. Article 6 Authorities competent to originate requests The authorities which are competent under the laws of the States to originate requests for assistance pursuant to this Agreement are set out in Annex II to this Agreement. Article 7 Authentication Documents transmitted by a State pursuant to this Agreement which are attested by the signature or seal of a competent authority or the Central Authority of the State need not be authenticated. Article 8 Requests for assistance 1. The requesting State shall make a request in writing. 2. The requesting State may, in urgent cases, after having been in contact with the requested State, make a request by any other reliable means of communication, including fax or e-mail. In such cases, the requesting State shall provide supplementary confirmation of the request in writing promptly thereafter, if the requested State so requires. 3. A request shall include the following: (
a)the name of the competent authority conducting the investigation, prosecution or other proceeding, including judicial proceeding; (
b)the facts pertaining to the subject of the investigation, prosecution or other proceeding, including judicial proceeding; (
c)the nature and stage of the investigation, prosecution or other proceeding, including judicial proceeding; (
d)the text or a statement of the relevant laws, including applicable penalties, of the requesting State; (
e)a description of the assistance requested; and (
f)a description of the purpose of the assistance requested. 4. A request shall, to the extent possible and relevant to the assistance requested, include the following: (
a)information on the identity and location of any person from whom testimony, statements or items are sought; (
b)a list of questions to be asked to the person from whom testimony or statements are sought; (
c)a precise description of persons or places to be searched and of items to be sought; (
d)a description of why the requesting State considers that the requested records, documents or reports of bank accounts are relevant and necessary for the purpose of the investigation into the offence, and other information that may facilitate the execution of the request; (
e)information regarding persons, items or places to be examined; (
f)information regarding persons, items or places to be located or identified; (
g)information on the identity and location of a person to be served with a document or informed of an invitation, that person’s relationship to the proceeding, and the manner in which service is to be made; (
h)information on the allowances and expenses to which a person whose appearance is sought before the competent authority of the requesting State will be entitled; and (
i)a precise description of proceeds or instrumentalities, the location thereof, and the identity of the owner thereof. 5. A request shall, to the extent necessary, also include the following: (
a)a description of any particular manner or procedure to be followed in executing the request; (
b)a description of the reasons for confidentiality concerning the request; and (
c)any other information that should be brought to the attention of the requested State to facilitate the execution of the request. 6. If the requested State considers that the information contained in a request for assistance is not sufficient to meet the requirements under this Agreement to enable the execution of the request, the requested State may request that additional information be provided. Article 9 Language A request and any documents attached thereto shall be accompanied by a translation into an official language of the requested State or, in all or, in urgent cases, into a language specified in Annex III to this Agreement. Article 10 Execution of requests 1. The requested State shall promptly execute a request in accordance with the relevant provisions of this Agreement. The competent authorities of the requested State shall take every possible measure in their power to ensure the execution of a request. 2. A request shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(
g)or paragraph 5(
a)of Article 8 shall be followed to the extent that it is not contrary to the laws of the requested State, and where it is practically possible. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested State shall consult with the requesting State in order to solve the practical problem. 3. If the execution of a request is deemed to interfere with an ongoing investigation, prosecution or other proceeding, including judicial proceeding, in the requested State, the requested State may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may make the execution subject to conditions deemed necessary after consultations with the requesting State. If the requesting State accepts such conditions, the requesting State shall comply with them. 4. The requested State shall make its best efforts to keep confidential the fact that a request has been made, the contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting State. If a request cannot be executed without disclosure of such information, the requested State shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed. 5. The requested State shall respond to reasonable inquiries by the requesting State concerning the status of the execution of a request. 6. The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity or privilege under the laws of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested State shall inform the requesting State of the reasons therefore. Article 11 Grounds for refusal of assistance 1. Assistance may be refused if the requested State considers that: (
a)a request concerns a political offence or an offence connected with a political offence; (
b)the execution of a request is likely to prejudice its sovereignty, security, ordre public or other essential interests. For the purpose of this subparagraph, the requested State may consider that the execution of a request concerning an offence punishable by death under the laws of the requesting State or, in the relations between one Member State, set out in Annex IV to this Agreement, and Japan, an offence punishable by life imprisonment under the laws of the requesting State, could prejudice essential interests of the requested State, unless the requested State and the requesting State agree on the conditions under which the request can be executed; (
c)there are well-founded reasons to suppose that the request for assistance has been made with a view to prosecuting or punishing a person by reason of race, religion, nationality, ethnic origin, political opinions or sex, or that such person’s position may be prejudiced for any of those reasons; (
d)the person, who is subject to criminal investigations, prosecutions or other proceedings, including judicial proceedings, for which the assistance is requested, in the requesting State, has already been finally convicted or acquitted for the same facts in a Member State or Japan; or (
e)a request does not conform to the requirements of this Agreement. 2. The requested State may refuse assistance which would necessitate coercive measures under its laws if it considers that the conduct that is the subject of the investigation, prosecution or other proceeding, including judicial proceeding, in the requesting State would not constitute a criminal offence under the laws of the requested State. In the relations between Japan and two Member States, set out in Annex IV to this Agreement, assistance may be refused if the requested State considers that the conduct that is the subject of the investigation, prosecution or other proceeding, including judicial proceeding, in the requesting State would not constitute a criminal offence under the laws of the requested State. 3. Assistance shall not be refused on the ground of bank secrecy. 4. Before refusing assistance pursuant to this Article, the requested State shall consult with the requesting State when the requested State considers that assistance may be provided subject to certain conditions. If the requesting State accepts such conditions, the requesting State shall comply with them. 5. If assistance is refused, the requested State shall inform the requesting State of the reasons for the refusal. Article 12 Costs 1. The requested State shall bear all costs related to the execution of a request, unless otherwise agreed between the requesting State and the requested State. 2. Notwithstanding the provisions of paragraph 1, the requesting State shall bear: (
a)the fees of an expert witness; (
b)the costs of translation, interpretation and transcription; (
c)the allowances and expenses related to travel of persons pursuant to Articles 22 and 24; (
d)the costs of establishing a video link and costs related to the servicing of a video link in the requested State; and (
e)the costs of an extraordinary nature; unless otherwise agreed between the requesting State and the requested State. 3. If the execution of a request would impose costs of an extraordinary nature, the requesting State and the requested State shall consult in order to determine the conditions under which the request will be executed. Article 13 Limitations on use of testimony, statements, items or information 1. The requesting State shall not use testimony, statements, items or any information, including personal data, provided or otherwise obtained under this Agreement other than in the investigation, prosecution or other proceeding, including judicial proceeding, described in the request without prior consent of the requested State. In giving such prior consent, the requested State may impose such conditions as it deems appropriate. 2. The requested State may request that testimony, statements, items or any information, including personal data, provided or otherwise obtained under this Agreement be kept confidential or be used only subject to other conditions it may specify. If the requesting State agrees to such confidentiality or accepts such conditions, it shall comply with them. 3. In exceptional circumstances a State may, at the time it is providing testimony, statements, items or any information, including personal data, request that the receiving State will give information on the use made of them. Article 14 Transport, maintenance and return of items 1. The requested State may request that the requesting State transport and maintain items provided under this Agreement in accordance with the conditions specified by the requested State, including the conditions deemed necessary to protect third-party interests in the items to be transferred. 2. The requested State may request that the requesting State return any items provided under this Agreement in accordance with the conditions specified by the requested State, after such items have been used for the purpose described in a request. 3. The requesting State shall comply with a request made pursuant to paragraph 1 or 2. When such a request has been made, the requesting State shall not examine the items without the prior consent of the requested State if the examination impairs or could impair the item. Article 15 Taking of testimony or statements 1. The requested State shall take testimony or statements. The requested State shall employ coercive measures in order to do so, if such measures are necessary and the requesting State provides the requested State with information justifying those measures under the laws of the requested State. 2. The requested State shall make its best efforts to make possible the presence of such persons as specified in a request for taking testimony or statements during the execution of the request, and to allow such persons to question the person from whom testimony or statements are sought. In the case that such direct questioning is not permitted, such persons shall be allowed to submit questions to be posed to the person from whom testimony or statements are sought. 3. If a person, from whom testimony or statements are sought pursuant to this Article, asserts a claim of immunity, incapacity or privilege under the laws of the requesting State, testimony or statements may nevertheless be taken, unless the request includes a statement from the requesting State that when such immunity, incapacity or privilege is claimed, the testimony or statements cannot be taken. Article 16 Hearing by videoconference 1. If a person is in the requested State and has to be heard as a witness or an expert witness by the competent authorities of the requesting State, the requested State may enable testimony or a statement to be taken from that person by those competent authorities by videoconference, if such hearing is necessary for the proceedings of the requesting State. The requesting and the requested States shall consult, if necessary, in order to facilitate resolution of legal, technical or logistical issues that may arise in the execution of the request. 2. The following rules shall apply to the hearing by videoconference unless otherwise agreed between the requesting State and the requested State: (
a)the authority of the requested State will identify the person to be heard specified in the request, and invite the person to facilitate his or her appearance; (
b)the hearing will be conducted directly by, or under the direction of, the competent authority of the requesting State in accordance with its own laws and the fundamental principles of the law of the requested State; (
c)the authority of the requested State will be present during the hearing, where necessary assisted by an interpreter, and will observe the hearing. If the authority of the requested State is of the view that during the hearing the fundamental principles of the law of the requested State are being infringed, it will immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles; (
d)at the request of the requesting State or the person to be heard, the requested State will ensure, if necessary, that the person is assisted by an interpreter; and (
e)the person to be heard may claim the right not to testify which would accrue to him or her under the laws of either the requesting or the requested State. Other measures necessary for the protection of the person as agreed upon between the authorities of the requesting and the requested States will also be taken. Article 17 Obtaining of items 1. The requested State shall obtain items. The requested State shall employ coercive measures, including search and seizure in order to do so, if such measures are necessary and the requesting State provides the requested State with information justifying those measures under the laws of the requested State. 2. The requested State shall make its best efforts to make possible the presence of such persons as specified in a request for obtaining items during the execution of the request. Article 18 Bank accounts 1. The requested State shall confirm whether a natural or legal person that is the subject of a criminal investigation holds or controls one or more accounts in the banks specified in the request. 2. The requested State shall provide the specified records, documents or reports of the specified accounts, the records of banking operations which have been carried out during a specified period through the accounts specified in the request, or identified in accordance with paragraph 1 and the specified records, documents or reports of any sending or recipient account. 3. The obligations set out in this Article shall apply only to the extent that the information is in the possession of the bank keeping the account. 4. The requested State may make an execution of a request in paragraphs 1 and 2 dependent on the conditions it applies in respect of requests for obtaining items. Article 19 Examination of persons, items or places 1. The requested State shall examine persons, items or places. The requested State shall employ coercive measures in order to do so, if such measures are necessary and the requesting State provides the requested State with information justifying those measures under the laws of the requested State. 2. The requested State shall make its best efforts to make possible the presence of such persons as specified in a request for examining persons, items or places during the execution of the request. Article 20 Locating or identifying persons, items or places The requested State shall make its best efforts to locate or identify persons, items or places. Article 21 Providing items in possession of the legislative, administrative, judicial or local authorities 1. The requested State shall provide the requesting State with items that are in the possession of the legislative, administrative or judicial authorities of the requested State as well as the local authorities thereof and are available to the general public. 2. The requested State shall make its best efforts to provide the requesting State with items, including criminal records, that are in the possession of the legislative, administrative or judicial authorities of the requested State as well as the local authorities thereof and are not available to the general public, to the same extent and under the same conditions as such items would be available to its investigative and prosecuting authorities. Article 22 Service of documents and informing a person of an invitation 1. The requested State shall effect service of documents, including service of summons or other documents requiring the appearance of a person before the competent authority of the requesting State, on persons in the requested State. The requested State shall inform a person in that State of an invitation to appear before the competent authority of the requesting State. 2. Where a request concerns service of a document requiring the appearance of a person before the competent authority of the requesting State, the request shall be received by the Central Authority of the requested State not less than 50 days before the scheduled appearance date. In urgent cases, the requested State may waive this requirement. 3. Where the requesting State knows that the addressee does not understand the language which the documents, served or sent pursuant to paragraph 1, are drawn up in or translated into, the requesting State shall endeavour to translate the documents, or shall, at least, translate the important passages thereof, also into the language the addressee understands. 4. Documents served pursuant to paragraph 1 shall include a statement that the addressee may obtain information from the competent authority by which the document was issued or from other authorities of the requesting State regarding his or her essential rights and obligations concerning the documents, if any. 5. In informing the result of the service of documents in accordance with paragraph 6 of Article 10, the requested State shall give proof of service by means of a receipt dated and signed by the person served or by means of a statement made by the requested State that service has been effected, as well as on the date, place and manner of service. The requested State shall, upon request by the requesting State, promptly inform the requesting State, where possible, of the response of the person who is invited or required to appear before the competent authority of the requesting State under paragraph 1. 6. A person who has been invited or required to appear before the competent authority of the requesting State under paragraph 1, but does not appear before that authority shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure in the requesting State, notwithstanding any contrary statement in the request or documents served or sent. Article 23 Safe conduct 1. A person who is invited or required to appear before the competent authority of the requesting State under paragraph 1 of Article 22 shall not: (
a)be subject to detention or any restriction of personal liberty in that State by reason of any conduct or conviction that precedes the departure of the person from the requested State; or (
b)be obliged to give evidence or to assist in any investigation, prosecution or other proceeding, including judicial proceeding, other than the proceeding specified in the request. 2. If the safe conduct provided for in paragraph 1 cannot be provided, the requesting State shall be able to make a decision whether to appear before the competent authority of the requesting State. 3. The safe conduct provided for in paragraph 1 shall cease when: (
a)the person, having had, for a period of 15 consecutive days from the date when his or her presence is no longer required by the competent authority or from the day when he or she failed to appear before that authority on the scheduled appearance date, an opportunity of leaving, has nevertheless remained voluntarily in the requesting State; or (
b)the person, having left the requesting State, voluntarily returns to it. 4. When the requesting State knows that the safe conduct provided for in paragraph 1 has ceased pursuant to paragraphs 3(
a)and 3(b), the requesting State shall so inform the requested State without delay, if such information is requested by the requested State and considered necessary by the requesting State. Article 24 Temporary transfer of persons in custody 1. A person in custody of the requested State whose presence in the requesting State is necessary for testimony or other evidentiary purposes shall be temporarily transferred for those purposes to the requesting State, if the person consents and if the requesting State and the requested State agree, when permitted under the laws of the requested State. 2. The requesting State shall keep the person transferred pursuant to paragraph 1 in the custody of the requesting State, unless permitted by the requested State to do otherwise. 3. The requesting State shall immediately return the person transferred to the requested State, as agreed beforehand, or as otherwise agreed between the requesting State and the requested State. 4. The person transferred shall receive credit for service of the sentence being served in the requested State for the time spent in the custody of the requesting State. 5. The person transferred to the requesting State pursuant to this Article shall enjoy the safe conduct provided for in paragraph 1 of Article 23 in the requesting State until the return to the requested State, unless the person consents to give evidence or assist in any investigation, prosecution or other proceeding, including judicial proceeding, other than the proceeding specified in the request and the requesting State and the requested State agree thereto. 6. A person who does not consent to be transferred pursuant to this Article shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure in the requesting State, notwithstanding any contrary statement in the request. Article 25 Freezing or seizure and confiscation of proceeds or instrumentalities 1. The requested State shall assist, to the extent permitted by its laws, in proceedings related to freezing or seizure and confiscation of the proceeds or instrumentalities. 2. A request for the confiscation described in paragraph 1 shall be accompanied by a decision of a court or other judicial authority imposing the confiscation. 3. The requested State that has custody over proceeds or instrumentalities may transfer such proceeds or instrumentalities, in whole or in part, to the requesting State, to the extent permitted by the laws of the requested State and upon such conditions as it deems appropriate. 4. In applying this Article, the legitimate rights and interests of bona fide third parties shall be respected under the laws of the requested State. Article 26 Spontaneous exchange of information 1. Member States and Japan may, without prior request, provide information relating to criminal matters to each other to the extent permitted by the laws of the providing State. 2. The providing State may impose conditions on the use of such information by the receiving State. In such a case, the providing State shall give prior notice to the receiving State of the nature of the information to be provided and of the conditions to be imposed. The receiving State shall be bound by those conditions if it agrees to them. Article 27 Relation to other instruments 1. Nothing in this Agreement shall prevent any State from requesting assistance or providing assistance in accordance with other applicable international agreements, or pursuant to its laws that may be applicable. 2. Nothing in this Agreement shall prevent a Member State and Japan from concluding international agreements confirming, supplementing, extending or amplifying the provisions thereof. Article 28 Consultations 1. The Central Authorities of the Member States and Japan shall, if necessary, hold consultations for the purpose of resolving any difficulties with regard to the execution of a request, and facilitating speedy and effective assistance under this Agreement, and may decide on such measures as may be necessary for this purpose. 2. The Contracting Parties shall, as appropriate, hold consultations on any matter that may arise in the interpretation or application of this Agreement. Article 29 Territorial application 1. This Agreement shall apply to the territory of Japan and, in relation to the European Union, to: (
a)the territories of the Member States; and (
b)territories for whose external relations a Member State has responsibility, or countries that are not Member States for whom a Member State has other duties with respect to external relations, where agreed upon by an exchange of diplomatic notes between the Contracting Parties, duly confirmed by the relevant Member State. 2. The application of this Agreement to any territory or country in respect of which extension has been made in accordance with paragraph 1(
b)may be terminated by either Contracting Party giving six months’ written notice to the other Contracting Party through the diplomatic channel, where duly confirmed between the relevant Member State and Japan. Article 30 Status of annexes Annexes to this Agreement form an integral part of this Agreement. Annexes I, II and III may be modified by mutual consent in writing of the Contracting Parties without amendment of this Agreement. Article 31 Entry into force and termination 1. This Agreement shall enter into force on the 30th day after the date on which the Contracting Parties exchange diplomatic notes informing each other that their respective internal procedures necessary to give effect to this Agreement have been completed. 2. This Agreement shall apply to any request for assistance presented on or after the date upon which this Agreement enters into force, whether the acts relevant to the request were committed before, on or after that date. 3. Either Contracting Party may terminate this Agreement at any time by giving written notice to the other Contracting Party, and such termination shall be effective six months after the date of such notice. IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Agreement. DONE in duplicate, in the English and Japanese languages, both texts being equally authentic, and signed at Brussels on the thirtieth day of November 2009, and at Tokyo on the fifteenth day of December 2009. This Agreement shall also be drawn up in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, and the Contracting Parties shall authenticate those language versions by an exchange of diplomatic notes. ANNEX I THE CENTRAL AUTHORITIES The Central Authorities of the Contracting Parties are the following authorities: the Kingdom of Belgium: the Federal Public Service Justice, International Criminal Cooperation Department; the Republic of Bulgaria: the Ministry of Justice; the Czech Republic: - before the case is brought before a court (i.e. in pre-trial proceedings): the Supreme Public Prosecutor’s Office of the Czech Republic, and - after the case has been brought before a court (i.e. in trial stage of criminal proceedings): the Ministry of Justice of the Czech Republic; the Kingdom of Denmark: the Ministry of Justice; the Federal Republic of Germany: the Federal Office of Justice; the Republic of Estonia: the Ministry of Justice; Ireland: the Minister for Justice, Equality and Law Reform or a person designated by the Minister; the Hellenic Republic: the Ministry of Justice, Transparency and Human Rights; the Kingdom of Spain: the Ministry of Justice, the Subdirectorate General for international legal cooperation; the French Republic: the Ministry of Justice, the Office for International Mutual Assistance in Criminal Matters, Directorate for Criminal Matters and Pardons; the Italian Republic: the Ministry of Justice, Department of Judicial Affairs - Directorate General of Criminal Matters; the Republic of Cyprus: the Ministry of Justice and Public Order; the Republic of Latvia: - during pre-trial investigation until prosecution: State Police, - during pre-trial investigation until submitting the case to the court: the General Prosecutor’s Office, and - during the trial: the Ministry of Justice; the Republic of Lithuania: - the Ministry of Justice of the Republic of Lithuania, and - the General Prosecutor’s Office of the Republic of Lithuania; the Grand Duchy of Luxembourg: the Prosecutor General; the Republic of Hungary: - the Ministry of Justice and Law Enforcement, and - the Office of the Prosecutor General; the Republic of Malta: the Office of the Attorney General; the Kingdom of the Netherlands: the Ministry of Justice in The Hague; the Republic of Austria: the Ministry of Justice; the Republic of Poland: - during pre-trial stage: the National Public Prosecutor’s Office, - during the trial: the Ministry of Justice, the Portuguese Republic: the Prosecutor General’s Office; Romania: the Ministry of Justice and Civil Liberties, the General Directorate for Cooperation, Directorate for International Law and Treaties, Division for International Judicial Cooperation in Criminal Matters; the Republic of Slovenia: the Ministry of Justice, the Directorate for international cooperation and international legal assistance; the Slovak Republic: - in pre-trial proceedings: the General Prosecutor’s Office, - in trial stage: the Ministry of Justice, and, - for receiving: the Ministry of Justice, the Republic of Finland: the Ministry of Justice; the Kingdom of Sweden: the Ministry of Justice; the United Kingdom of Great Britain and Northern Ireland:the Home Office (United Kingdom Central Authority), Her Majesty’s Revenue and Customs, Crown Office and Procurator Fiscal Service; Japan: the Minister of Justice and the National Public Safety Commission or persons designated by them. ANNEX II With regard to Article 6 of this Agreement, the authorities which are competent under the laws of the States to originate requests for assistance pursuant to this Agreement are set out below: the Kingdom of Belgium: the judicial authorities: to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution; the Republic of Bulgaria: the Supreme Cassation Prosecutor’s Office of the Republic of Bulgaria for pre-trial cases of criminal proceedings and the courts of the Republic of Bulgaria for pending cases in trial phase of criminal proceedings; the Czech Republic: public prosecutors and courts of the Czech Republic; the Kingdom of Denmark: - the District Courts, the High Courts and the Supreme Court, - the Department of Public Prosecutions, which includes: - the Ministry of Justice, - the director of Public Prosecutions, - the Prosecutor, and - the Police Commissioners; the Federal Republic of Germany: - the Federal Ministry of Justice; - Federal Court of Justice, Karlsruhe; - the Public Prosecutor General of the Federal Court of Justice, Karlsruhe; - the Federal Office of Justice; - the Ministry of Justice of Baden-Württemberg, Stuttgart; - the Bavarian State Ministry of Justice and Consumer Protection, Munich; - the Senate Department for Justice, Berlin; - the Ministry of Justice of Land Brandenburg, Potsdam; - the Senator for Justice and Constitution of the Free Hanseatic City of Bremen, Bremen; - the Justice Authority of the Free and Hanseatic City of Hamburg, Hamburg; - the Hessian Ministry of Justice, Integration and Europe, Wiesbaden; - the Ministry of Justice of Mecklenburg-Vorpommern, Schwerin; - the Ministry of Justice of Lower-Saxony, Hanover; - the Ministry of Justice of Land North-Rhine/Westphalia, Düsseldorf; - the Ministry of Justice of Land Rhineland-Palatinate, Mainz; - the Ministry of Justice of the Saarland, Saarbrücken; - the Saxonian State Ministry of Justice, Dresden; - the Ministry of Justice of Land Saxony-Anhalt, Magdeburg; - the Ministry of Justice, Equality and Integration of Schleswig-Holstein, Kiel; - the Thuringian Ministry of Justice, Erfurt; - the Higher Regional Courts; - the Regional Courts; - the Local Courts; - the Chief Public Prosecutor at the Higher Regional Courts; - the Directors of Public Prosecutions at the Regional Courts; - the Central Office of the Land Judicial Administrations for the Investigation of National Socialist Crimes, Ludwigsburg; - the Federal Criminal Police Office; - the Central Office of the German Customs Investigations Service; the Republic of Estonia: judges and prosecutors; Ireland: the Director for Public Prosecutions; the Hellenic Republic: the Public Prosecutor’s Office at the Court of Appeal; the Kingdom of Spain: criminal court magistrates and judges, and public prosecutors; the French Republic: - first presidents, presidents, judges and magistrates at criminal courts, - examining magistrates at such courts, - members of the public prosecution service at such courts, namely: - principal public prosecutors, - deputy principal public prosecutors, - assistant principal public prosecutors, - public prosecutors and assistant public prosecutors, - representatives of police court public prosecutors, and - military court public prosecutors; the Italian Republic Prosecutors: - Director of Public Prosecution - Assistant Public Prosecutor - Director of Military Public Prosecution - Assistant Military Public Prosecutor - General Public Prosecutor - Assistant General Public Prosecutor - General Military Public Prosecutor - Assistant General Military Public Prosecutor Judges: - Judge of Peace - Investigation Judge - Preliminary hearing Judge - Ordinary Court - Military Court - Court of Assizes - Court of Appeal - Court of Assizes of Appeal - Military Court of Appeal - Court of Cassation; the Republic of Cyprus: - the Attorney General of the Republic, - the Chief of Police, - the Director of Customs & Excise, - members of the Unit for Combating Money Laundering (MOKAS), and, - any other authority or person who is entitled to make inquiries and prosecutions in the Republic of Cyprus, the Republic of Latvia: investigators, prosecutors and judges; the Republic of Lithuania: judges and prosecutors; the Grand Duchy of Luxembourg: the judicial authorities: to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution; the Republic of Hungary: prosecutor’s offices and courts; the Republic of Malta: - the Magistrates Court, - the Juvenile Court, - the Criminal Court and the Court of Criminal Appeal, - the Attorney General, - the Deputy Attorney General, - the Legal Officers within the Attorney General’s office; and - the Magistrates; the Kingdom of the Netherlands: members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecutions; the Republic of Austria: courts and prosecutors; the Republic of Poland: prosecutors and courts; the Portuguese Republic: prosecution services in the investigation phase, investigation judges and trial judges; Romania: courts and the prosecutor’s offices of the courts; the Republic of Slovenia: - local court judges, - investigative judges, - district court judges, - higher court judges, - supreme court judges, - constitutional court judges, - district state prosecutors, - higher state prosecutors, - supreme state prosecutors; the Slovak Republic: judges and prosecutors; the Republic of Finland: - the Ministry of Justice, - the Courts of First Instance, the Courts of Appeal, and the Supreme Court, - the public prosecutors, - the police authorities, the custom authorities, and the frontier guard officers in their capacity of preliminary criminal investigations authorities in criminal proceedings under the Preliminary Criminal Investigations Act, the Kingdom of Sweden: courts and prosecutors; the United Kingdom of Great Britain and Northern Ireland: courts and prosecutors; Japan: Courts, Presiding Judges, Judges, Public Prosecutors, Public Prosecutor’s Assistant Officers, and Judicial Police Officials. ANNEX III With regard to Article 9 of this Agreement, the Member States and Japan accept the following languages: the Kingdom of Belgium: Dutch, French and German in all cases and English in urgent cases; the Republic of Bulgaria: Bulgarian in all cases and English in urgent cases; the Czech Republic: Czech in all cases and English in urgent cases; the Kingdom of Denmark: Danish in all cases and English in urgent cases; the Federal Republic of Germany: German in all cases and English in urgent cases; the Republic of Estonia: Estonian and English in all cases; Ireland: English and Irish in all cases; the Hellenic Republic: Greek in all cases and English in urgent cases; the Kingdom of Spain: Spanish in all cases; the French Republic: French in all cases; the Italian Republic: Italian in all cases and English in urgent cases; the Republic of Cyprus: Greek and English in all cases; the Republic of Latvia: Latvian in all cases and English in urgent cases; the Republic of Lithuania: Lithuanian in all cases and English in urgent cases; the Grand Duchy of Luxembourg: French and German in all cases and English in urgent cases; the Republic of Hungary: Hungarian in all cases and English in urgent cases; the Republic of Malta: Maltese in all cases; the Kingdom of the Netherlands: Dutch in all cases and English in urgent cases; the Republic of Austria: German in all cases and English in urgent cases; the Republic of Poland: Polish in all cases; the Portuguese Republic: Portuguese in all cases and English or French in urgent cases; Romania: Romanian, English or French in all cases. With regard to longer documents, Romania reserves the right, in any specific case, to require a Romanian translation or to have one made at the expense of the requesting State; the Republic of Slovenia: Slovenian and English in all cases; the Slovak Republic: Slovak in all cases; the Republic of Finland: Finnish, Swedish and English in all cases; the Kingdom of Sweden: Swedish, Danish or Norwegian in all cases, unless the authority dealing with the application otherwise allows in the individual case; the United Kingdom of Great Britain and Northern Ireland: English in all cases; Japan: Japanese in all cases and English in urgent cases. However, Japan reserves the right, in any specific urgent case, to require translation into Japanese with regard to the request from the requesting State which does not accept translation into English under this Annex. ANNEX IV With regard to paragraph 1(
b)of Article 11 of this Agreement, ‘one Member State’ referred to in this paragraph is the Portuguese Republic. With regard to paragraph 2 of Article 11 of this Agreement, ‘two Member States’ referred to in this paragraph are the Republic of Austria and the Republic of Hungary.”. SCHEDULE 2 Text of Council Framework Decision 2005/214/JHA of 24 February 2005 on the Application of Mutual Recognition to Financial Penalties “Schedule 5A Text of 2005 Framework Decision COUNCIL FRAMEWORK DECISION 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 31(
a)and 34

(2)(b) thereof, Having regard to the initiative of the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Kingdom of Sweden 1 , Having regard to the opinion of the European Parliament 2 , Whereas:

(1)The European Council meeting in Tampere on 15 and 16 October 1999 endorsed the principle of mutual recognition, which should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union.

(2)The principle of mutual recognition should apply to financial penalties imposed by judicial or administrative authorities for the purpose of facilitating the enforcement of such penalties in a Member State other than the State in which the penalties are imposed.

(3)On 29 November 2000 the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition of decisions in criminal matters 3 , giving priority to the adoption of an instrument applying the principle of mutual recognition to financial penalties (measure 18).

(4)This Framework Decision should also cover financial penalties imposed in respect of road traffic offences.

(5)This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty and reflected by the Charter of Fundamental Rights of the European Union 4 , in particular Chapter VI thereof. Nothing in this Framework Decision may be interpreted as prohibiting refusal to execute a decision when there are reasons to believe, on the basis of objective elements, that the financial penalty has the purpose of punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of these reasons.

(6)This Framework Decision does not prevent a Member State from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media, HAS ADOPTED THIS FRAMEWORK DECISION: Article 1 Definitions For the purposes of this Framework Decision: (

a)‘decision’ shall mean a final decision requiring a financial penalty to be paid by a natural or legal person where the decision was made by: (
i)a court of the issuing State in respect of a criminal offence under the law of the issuing State; (
ii)an authority of the issuing State other than a court in respect of a criminal offence under the law of the issuing State, provided that the person concerned has had an opportunity to have the case tried by a court having jurisdiction in particular in criminal matters; (iii) an authority of the issuing State other than a court in respect of acts which are punishable under the national law of the issuing State by virtue of being infringements of the rules of law, provided that the person concerned has had an opportunity to have the case tried by a court having jurisdiction in particular in criminal matters; (
iv)a court having jurisdiction in particular in criminal matters, where the decision was made regarding a decision as referred to in point (iii) ; (
b)‘financial penalty’ shall mean the obligation to pay: (
i)a sum of money on conviction of an offence imposed in a decision; (
ii)compensation imposed in the same decision for the benefit of victims, where the victim may not be a civil party to the proceedings and the court is acting in the exercise of its criminal jurisdiction; (iii) a sum of money in respect of the costs of court or administrative proceedings leading to the decision; (
iv)a sum of money to a public fund or a victim support organisation, imposed in the same decision. A financial penalty shall not include: — orders for the confiscation of instrumentalities or proceeds of crime, — orders that have a civil nature and arise out of a claim for damages and restitution and which are enforceable in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 5 ; (
c)‘issuing State’ shall mean the Member State in which a decision within the meaning of this Framework Decision was delivered; (
d)‘executing State’ shall mean the Member State to which a decision has been transmitted for the purpose of enforcement. Article 2 Determination of the competent authorities 1. Each Member State shall inform the General Secretariat of the Council which authority or authorities, under its national law, are competent according to this Framework Decision, when that Member State is the issuing State or the executing State. 2. Notwithstanding Article 4, each Member State may designate, if it is necessary as a result of the organisation of its internal system, one or more central authorities responsible for the administrative transmission and reception of the decisions and to assist the competent authorities. 3. The General Secretariat of the Council shall make the information received available to all Member States and the Commission. Article 3 Fundamental rights This Framework Decision shall not have the effect of amending the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty. Article 4 Transmission of decisions and recourse to the central authority 1. A decision, together with a certificate as provided for in this Article, may be transmitted to the competent authorities of a Member State in which the natural or legal person against whom a decision has been passed has property or income, is normally resident or, in the case of a legal person, has its registered seat. 2. The certificate, the standard form for which is given in the Annex, must be signed, and its contents certified as accurate, by the competent authority in the issuing State. 3. The decision or a certified copy of it, together with the certificate, shall be transmitted by the competent authority in the issuing State directly to the competent authority in the executing State by any means which leaves a written record under conditions allowing the executing State to establish its authenticity. The original of the decision, or a certified copy of it, and the original of the certificate, shall be sent to the executing State if it so requires. All official communications shall also be made directly between the said competent authorities. 4. The issuing State shall only transmit a decision to one executing State at any one time. 5. If the competent authority in the executing State is not known to the competent authority in the issuing State, the latter shall make all necessary inquiries, including via the contact points of the European Judicial Network6 in order to obtain the information from the executing State. 6. When an authority in the executing State which receives a decision has no jurisdiction to recognise it and take the necessary measures for its execution, it shall, ex officio, transmit the decision to the competent authority and shall inform the competent authority in the issuing State accordingly. 7. The United Kingdom and Ireland, respectively, may state in a declaration that the decision together with the certificate must be sent via its central authority or authorities specified by it in the declaration. These Member States may at any time by a further declaration limit the scope of such a declaration for the purpose of giving greater effect to paragraph 3. They shall do so when the provisions on mutual assistance of the Schengen Implementation Convention are put into effect for them. Any declaration shall be deposited with the General Secretariat of the Council and notified to the Commission. Article 5 Scope 1. The following offences, if they are punishable in the issuing State and as they are defined by the law of the issuing State, shall, under the terms of this Framework Decision and without verification of the double criminality of the act, give rise to recognition and enforcement of decisions: — participation in a criminal organisation, — terrorism, — trafficking in human beings, — sexual exploitation of children and child pornography, — illicit trafficking in narcotic drugs and psychotropic substances, — illicit trafficking in weapons, munitions and explosives, — corruption, — fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests, — laundering of the proceeds of crime, — counterfeiting currency, including of the euro, — computer-related crime, — environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, — facilitation of unauthorised entry and residence, — murder, grievous bodily injury, — illicit trade in human organs and tissue, — kidnapping, illegal restraint and hostage-taking, — racism and xenophobia, — organised or armed robbery, — illicit trafficking in cultural goods, including antiques and works of art, — swindling, — racketeering and extortion, — counterfeiting and piracy of products, — forgery of administrative documents and trafficking therein, — forgery of means of payment, — illicit trafficking in hormonal substances and other growth promoters, — illicit trafficking in nuclear or radioactive materials, — trafficking in stolen vehicles, — rape, — arson, — crimes within the jurisdiction of the International Criminal Court, — unlawful seizure of aircraft/ships, — sabotage, —conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods, — smuggling of goods, — infringements of intellectual property rights, — threats and acts of violence against persons, including violence during sport events, — criminal damage, — theft, — offences established by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the EC Treaty or under Title VI of the EU Treaty. 2. The Council may decide to add other categories of offences to the lists in paragraph 1 at any time, acting unanimously after consultation of the European Parliament under the conditions laid down in Article 39

(1)of the EU Treaty. The Council shall consider, in the light of the report submitted to it pursuant to Article 20

(5), whether the list should be extended or amended. The Council shall consider the issue further at a later stage on the basis of a report on the practical application of the Framework Decision established by the Commission within 5 years after the date mentioned in Article 20

(1).

For offences other than those covered by paragraph 1, the executing State may make the recognition and execution of a decision subject to the condition that the decision is related to conduct which would constitute an offence under the law of the executing State, whatever the constituent elements or however it is described. Article 6 Recognition and execution of decisions The competent authorities in the executing State shall recognise a decision which has been transmitted in accordance with Article 4 without any further formality being required and shall forthwith take all the necessary measures for its execution, unless the competent authority decides to invoke one of the grounds for non-recognition or non-execution provided for in Article
Article 7 Grounds for non-recognition and non-execution
The competent authorities in the executing State may refuse to recognise and execute the decision if the certificate provided for in Article 4 is not produced, is incomplete or manifestly does not correspond to the decision.
The competent authority in the executing State may also refuse to recognise and execute the decision if it is established that: (a) decision against the sentenced person in respect of the same acts has been delivered in the executing State or in any State other than the issuing or the executing State, and, in the latter case, that decision has been executed; (b) in one of the cases referred to in Article 5

(3), the decision relates to acts which would not constitute an offence under the law of the executing State; (

c)the execution of the decision is statute-barred according to the law of the executing State and the decision relates to acts which fall within the jurisdiction of that State under its own law. (
d)the decision relates to acts which: (
i)are regarded by the law of the executing State as having been committed in whole or in part in the territory of the executing State or in a place treated as such, or (
ii)have been committed outside the territory of the issuing State and the law of the executing State does not allow prosecution for the same offences when committed outside its territory; (
e)there is immunity under the law of the executing State, which makes it impossible to execute the decision;

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.