Judicial Assistance(Criminal)

• Author: International Law Group

On May 29, 2000, fifteen Member States of the European Union signed the new "Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union." The new Convention supplements the European Convention on Mutual Assistance in Criminal Matters of 1958, its Additional Protocol of 17 March 1978, the provisions on mutual assistance in criminal matters of the 1990 Convention Implementing the Schengen Agreement, and Chapter 2 of the Benelux Treaty on Extradition and Mutual Assistance of 1962, as amended in 1974.

The Convention does not require "dual criminality" as a condition for legal assistance (i.e. the crime or crimes at issue do not have to be punishable in both the requesting and the requested Member State) (see Article 3, paragraph 1). Among other things, the Convention provides that:

- The requesting state shall send procedural documents, if possible, directly to the recipient in the other Member State by the postal system. Resort to the Central Authorities is proper only if delivery by mail has failed or if the circumstances so require. The documents, or at least relevant parts thereof, must be in a language that the recipient understands (Article 5, paragraph 3).

- The states parties may transmit urgent requests for mutual assistance through Interpol or other competent agencies in conformity with the Treaty on European Union (Article 6, paragraph 4).

- Member States should submit certain communications through the...