OBTAINING OF EVIDENCE Sample Clauses

OBTAINING OF EVIDENCE. 1. The Requested Party shall, subject to its domestic laws, arrange to have evidence, including sworn or affirmed testimony, documents or records taken or obtained from witnesses for the purpose of a criminal matter for transmission to the Requesting Party. 2. Where sworn or affirmed testimony is to be taken under this Article, the parties to the relevant criminal proceedings in the Requesting Party or their legal representatives may, subject to the domestic laws of the Requested Party, appear and question the person giving that evidence. 3. Nothing in this Article shall prevent the use of live video or live television links or other appropriate communications facilities in accordance with the laws and practices of the Requested Party for the purpose of executing this Article if it is expedient in the interests of justice to do so.
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OBTAINING OF EVIDENCE. 1. A person in the requested state from whom evidence is requested pursuant to this Treaty shall appear and provide a statement, or sworn or affirmed testimony, or produce documents, records or items of evidence. The person may provide such evidence voluntarily or the requested Party may compel the testimony or production of such evidence, as may be necessary. 2. The requested Party shall, as necessary, authorize the use of compulsory process to execute a request for testimony or evidence for use in a proceeding pertaining to a criminal matter regardless of whether such a proceeding takes place in a court. 3. Upon request, the requested Party shall permit the presence of persons set forth in the request during the execution of the request and, to the extent permitted by its laws, shall allow specified persons to question the person giving the testimony or evidence. 4. Evidence that has been produced in the requested state pursuant to this Article or that has been the subject of testimony taken under this Article shall, upon request, be authenticated, in the case of requests by Malaysia, as required under Malaysian laws and specified in the request, and in the case of requests by the United States of America, by use of Form A or Form B, as the case may require, appended to this Treaty. 5. If a person who is required to give sworn or affirmed testimony or produce documents, records or items of evidence under this Article claims that there is a right to decline to do so under the laws of the requested state, the claim shall be resolved by the authorities of the requested state. If such a claim is made regarding a right under the laws of the requesting state, the requesting Party shall, if so requested, provide a statement to the requested Party of its views as to the validity of the claim and whether the evidence shall nonetheless be taken and forwarded and the claim resolved by the authorities of the requesting state. 6. For the purpose of executing a request for the taking of testimony, the Parties may agree on a case by case basis to the use of live video or television links or other appropriate communications facilities in accordance with the laws and procedures of the requested state if it is expedient and in the interests of justice to do so.
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OBTAINING OF EVIDENCE. 1. The requested State shall, in conformity with its law and upon request, take the sworn or affirmed testimony, or otherwise obtain statements of persons or require them to produce items of evidence for transmission to the requesting State. 2. Upon the request of the requesting State, the parties to the relevant proceedings in the requesting State, their legal representatives and representa- tives of the requesting State may, subject to the laws and procedures of the requested State, be present at the proceedings.17
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OBTAINING OF EVIDENCE articles or documents 1. Where a request is made that evidence be taken, the Requested Party shall arrange to have such evidence taken in accordance to its law. 2. For the purpose of this Agreement, the giving or taking of evidence shall include the production of documents, records or other material. 3. For the purposes of requests under this Article, the Requesting Party shall specify the questions to be put to the witness or person giving evidence and the subject matter about which they are to be examined. 4. If necessary, any questions additional to those specified in paragraph 3 of this Article, may be put to the witness or person giving evidence by the competent authority of the Requested Party, either of its own volition or if requested by any of the persons referred to in Article 8. 5. A person who is required to give evidence as a witness in the territory of the Requested Party, pursuant to a request for assistance, may decline to give evidence if the law of the Requested Party would permit the person to decline to give evidence in similar circumstances in proceedings which originated in the territory of the Requested Party. If the witness claims that there is a right to decline to give evidence under the law of the Requesting Party the evidence shall nonetheless be taken and the making of the claim recorded and transmitted to the Central Authority of the Requesting Party for resolution by the authorities of that Party. .
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OBTAINING OF EVIDENCE. (1) Where a request is made that evidence be taken for the purpose of the prosecution of a criminal offence or proceedings in relation to a criminal matter in the Requesting Party, the Requested Party shall, subject to its law, arrange to have such evidence taken and transmitted to the Requesting Party. (2) For the purposes of requests under this Article, the Requesting Party shall specify the subject matter about which witnesses are to be examined, and may also specify any questions to be put to them as well as the manner and form in which evidence should be taken. (3) Where evidence is to be taken under this Article, the person to whom the prosecution or proceedings in the Requesting Party relates, the person who is to give evidence and representatives of the Requesting Party may, subject to the law of the Requested Party, appear or have legal representation or both for the purpose of questioning the person giving the evidence. (4) A person who is required to give evidence in the Requested Party may decline to give evidence where either: (a) the law of the Requested Party would permit that person to decline to give evidence in similar circumstances in criminal proceedings which originated in the Requested Party; or (b) the law of the Requesting Party would permit the person to decline to give evidence in such criminal proceedings in the Requesting Party. (5) If any person claims that there is a right to decline to give evidence under the law of the Requesting Party, the Requested Party shall with respect thereto rely on a certificate of the Requesting Party.
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OBTAINING OF EVIDENCE. Paragraphs (1) and (3) make it clear that evidence cannot be taken at the investigation stage.
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OBTAINING OF EVIDENCE. ARTICLES OR DOCUMENTS (1) Where a request is made that evidence be taken for the purpose of an investigation, a prosecution of a criminal offence or a proceeding in relation to a criminal matter in the jurisdiction of the Requesting Party the Requested Party shall, subject to its laws, arrange to take such evidence. (2) For the purposes of this Agreement, the giving or taking of evidence shall include the production of documents, records or other material. (3) For the purposes of requests under this Article the Requesting Party shall specify the questions to be put to the witnesses or the subject matter about which they are to be examined.
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OBTAINING OF EVIDENCE. 1. The Requested State shall, in conformity with its law and upon request, take the sworn or affirmed testimony, or otherwise obtain statements of persons, including those in custody or require them to produce items of evidence for transmission to the Requesting State. 2. Subject to the law of the Requested State, commissioners, other officials of the Requesting State and persons parties to the proceedings in the Requesting State shall be permitted to be present when evidence is taken in the Requested State. 3. Persons parties to the proceedings have the right to be represented by their counsels, to pose questions through the representatives of the Competent Authority of the Requested State and to make a verbatim transcript of the proceedings. The use of technical means to make such a verbatim transcript may be permitted according to the law of the Requested State. 4. For the purpose of request under this Article, the Requesting State shall specify the questions to be put to the witnesses or persons giving evidence and the subject matter about which they are to be examined. If necessary, any questions in addition to those specified in the request, may be put through the representative of the Competent Authority of the Requested State to the witness or person giving evidence by the representatives of the Requesting State present at the time of recording of evidence.
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Related to OBTAINING OF EVIDENCE

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