Document ID: chunk:federal_register_of_legislation:F1996B01853:body:0:p3
Version: federal_register_of_legislation:F1996B01853
Segment Type: other
Provision Reference: 
Character Range: 5409–8121

its territory.

 2. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Central Office of that State shall, upon request, provide a certificate to the Central Office of the Requested State as to the existence of that right. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right.

ARTICLE 8

HANDING OVER OF PROPERTY, RECORDS AND DOCUMENTS

 1. The Requested Party may delay the handing over of any property, records or documents requested, if it requires the said property, records or documents in connection with pending criminal proceedings. In that event, the Requested Party shall, upon request from the Requesting Party and whenever possible, provide certified copies of documents.

 2. Any property, as well as original records or documents, handed over in execution of requests shall be returned by the Requesting Party to the Requested Party as soon as possible unless the latter Party waives their return.

ARTICLE 9

SERVICE OF JUDICIAL DOCUMENTS

 1. The Requested Party shall, in conformity with its law, effect service of judicial documents which are transmitted to it for this purpose by the Requesting Party.

 2. A request to effect service of a document requiring the appearance of a person shall be made to the Requested Party not less than 45 days before the date on which the appearance is required. In urgent cases, the Requested Party may waive this requirement.

 3. Service may be effected by simple transmission of the writ or record to the person to be served. If the Requesting Party expressly so requests, service shall be effected by the Requested Party, to the extent permitted by its law, in the manner requested by the Requesting Party.

 4. The Requested Party shall forward to the Requesting Party proof of service of the documents, setting forth the facts, the method and the date of service; where appropriate this may be in the form of a receipt dated and signed by the person served. If service cannot be effected, the Requesting Party shall be so informed without delay and advised of the reasons.

ARTICLE 10

APPEARANCE OF WITNESSES OR EXPERTS

 1. If the Requesting Party considers the personal appearance of a witness or expert before the competent authorities necessary in order to give evidence in a criminal matter, it shall so mention in its request for service of the summons, or in its request for assistance with investigations relating to a criminal matter, and the Requested Party shall so inform the witness or expert. The Requested Party shall advise the Requesting Party of the reply given by the witness or