NCJ Number
101147
Journal
International Lawyer Volume: 19 Issue: 1 Dated: (Winter 1985) Pages: 189-223
Date Published
1985
Length
35 pages
Annotation
This article reviews the contents of six treaties on mutual assistance in criminal matters, currently in force or soon to be in force, between the United States and Switzerland, Turkey, the Netherlands, Colombia, Italy, and Morocco.
Abstract
All six treaties provide that the contracting parties shall provide assistance in both criminal investigations and proceedings. While the exact wording of the treaties differs, all provide for a broad range of assistance in eight areas. These include (1) executing requests relating to criminal matters, (2) taking of testimony or statements of persons, (3) effecting the production, preservation, and authentication of documents, records, and other evidence, (4) returning to the other party any objects or assets belonging to it and obtained by the accused through offenses, (5) serving judicial documents, (6) effecting the appearance of a witness or expert before the court, (7) locating persons, and (8) providing judicial records, evidence, and information. These treaties, and others under consideration, represent a step forward in international relations by providing rules and procedures that simplify previous practice. Such treaties, however, should be carefully scrutinized to ensure that due process rights are not violated or circumvented. 185 footnotes.