1410611051

1991 United Nations — Treaty Series • Nations Unieś — Recueil des Traitćs 117

AGREEMENT¹ BETWEEN THE KINGDOM OF SWEDEN AND THE POLISH PEOPLE’S REPUBLIC ON LEGAL ASSISTANCE IN CRIMINAL MATTERS

The Kingdom of Sweden and the Polish People’s Republic,

desiring to regulate, develop, and enhance legał co-operation in criminal mattcrs,

have agreed as follows:

CHAPTER I General Provisions Article I

The Contracting Parties undertake to af-ford each other, in accordance with the provisions of this Agreement. assistance in criminal proceedings.

Article 2

1.    Assistance may be refused if the request for assistance concems an act:

(a)    the punishment of which, at the time of the requcst for assistance, falls outside the jurisdiction of the judicial authorities of the requesting Party;

(b)    which is not punishable under the law of the requested Party;

(c)    which is regarded by the requested Party as an offence of a political or military naturę;

(d)    with regard to which criminal proceedings in the territory of the requcsted Party or a third stale are pcnding or have been defini-tely concluded or it has been decided to dis-continue or not to initiate such proceedings;

(e)    with regard to which, owing to lapse of time according to the law of the rcquested Party, the person concemed cannot be prose-cuted.

2.    Assistance regarding search and seizure may be refused if the request for assistance concems an act for which, under the law of the requestcd Party, it would not be possible to impose a punishment of deprivation of liberty for morę than one year.

3. Assistance may be refused if the reques-ted Party considers that execution of the requcst is likely to prejudice the sovereignty, security, ordre public or other essential in-terests of its country.

Anicie 3

1.    Requests for assistance shall be madę through the Ministry for Foreign Affairs of Sweden and through the Ministry of Justice of the Polish People’s Republic respectivcly.

As regards assistance in accordance with Articles 4, 15 and 16. requests may be madę through the General Prosecutor's Office of the Polish People's Republic.

Rcquests may also be madę through the diplomatic channel.

2.    Documents transmitted pursuant to this Agreement shall not rcquirc any form of lega-lization.

CHAPTER II Service of Documents

Article 4

1.    A rcquest for service shall be in writing and shall emanatc from a court of law or a public prosecutor. The requcst shall contain:

(a)    the namc of the authority makmg the rcquest;

(b)    the namc. address and citizenship of the person to be servcd;

(c)    a dcscription of the naturę of the docu-ment to be served;

(d)    a dcscription of the naturę, time and place of the criminal act and the applicable statutory provisions with regard to which assistance is requested.

2.    The request for servicc of documents shall be transmitted in the language of the rcquesting Party and be accompanied by a

1

Came into force on I June 1990, i.c. the first day of the second month following the exchange of the Instruments of ratification, which took place at Stockholm on 19 April 1990. in accordance with article 20 (2).

Vol. 1604. 1-28017