Document ID: chunk:federal_register_of_legislation:F2009C01026:body:0:p25
Version: federal_register_of_legislation:F2009C01026
Segment Type: other
Provision Reference: 
Character Range: 64686–67741

sentences there.

Article 46
Mutual legal assistance

 1. States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention.

 2. Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 26 of this Convention in the requesting State Party.

 3. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:

 (a) Taking evidence or statements from persons;

 (b) Effecting service of judicial documents;

 (c) Executing searches and seizures, and freezing;

 (d) Examining objects and sites;

 (e) Providing information, evidentiary items and expert evaluations;

 (f) Providing originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records;

 (g) Identifying or tracing proceeds of crime, property, instrumentalities or other things for evidentiary purposes;

 (h) Facilitating the voluntary appearance of persons in the requesting State Party;

 (i) Any other type of assistance that is not contrary to the domestic law of the requested State Party;

 (j) Identifying, freezing and tracing proceeds of crime in accordance with the provisions of chapter V of this Convention;

 (k) The recovery of assets, in accordance with the provisions of chapter V of this Convention.

 4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquiries and criminal proceedings or could result in a request formulated by the latter State Party pursuant to this Convention.

 5. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.

 6. The provisions of this