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(f)
effecting
9.
the
temporary transfer of persons
in
custody to appear as witnesses;
(g)
obtaining judicial or official records; and
(h)
tracing, restraining, forfeiting and confiscating
the proceeds of criminal activities.
Safeguards
-
Article IV
15.
Following the precedent of extradition
law,
mutual legal assistance agreements indicate the grounds on
which assistance may or must be refused. Article IV (1) of
the model agreement provides that the Requested Party
shall refuse assistance if it has substantial grounds for
believing that -
(a)
(b)
the request relates to an offence of a political
character;
the request relates to an offence only under
military law;
(c)
the request
will
(a)
result in a person being
prejudiced on account of his race, religion, nationality or political opinions;
the request relates to an offence for which the
person under investigation has already been
convicted, acquitted or pardoned in the requested
jurisdiction or for which the person could по
longer be prosecuted through lapse of time, had
the offence been committed in the requested
CONFIDENTIAL ## 機密
PD: 22-11 68.
УН ЭЅПОН 1005 000
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