Mutual Legal Assistance in Criminal Matters

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Laws and Treaties

General Principle

 - Without MLAT, domestic legislation shown below, i.e. AIAI, AOCA and ADSMA, give legal basis of mutual legal assistance.

 - With MLAT, these domestic laws still provide for the domestic legal bases, while MLAT makes mutual legal assistance more efficient by, inter alia, allowing a direct communication between the Central Authorities. MLAT also can relax some of refusal causes stipulated by the laws(See guidelines.)


Obtaining Evidence

 - Act on International Assistance in Investigation and Other Related Matters (Law  No.69 of 1980): “AIAI”.

  Confiscation & Asset Recovery

 for non-drug crime proceeds
 - Act on Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters (Law No 136 of 1999) :“Anti-Organized Crimes Act” (AOCA) Chapter 6 (Articles 59-74)  

 for drug-crime proceeds
 - Act Concerning Special Provisions for the Narcotics and Psycho topics Control Act etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Co-operation (Law No. 94 of 1991) :Anti-Drug Special Measures Act (ADSMA) Chapter 6 (Articles 21-23)


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