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1991 United Nations — Treaty Series • Nations Unieś — Recueil des Traitćs 53

(2)    The requested Contracting State shall, upon request, inform the requesting State in good time of the time and place at which the evidence is to be taken. Such information may also be provided directly by the court competent to take the evi-dence.

(3)    After execution of the request for the taking of evidence, all documents shall be retumed to the requesting State through the channel agreed upon in article 5.

(4)    If the request cannot be executed, the reasons therefor shall be promptly notified to the requesting Contracting State through the channel agreed upon in article 5.

(5)    The requested Contracting State may postpone the transmittal of evidence if its courts need such evidence for criminal proceedings in progress.

(6)    The originals of records or other documents transmitted in execution of a request for the taking of evidence shall be retumed by the requesting Contracting State to the requested State as soon as possible through the channel agreed upon in article 5, unless the latter State waives the return thereof.

PART IV

Special provisions concerning legal assistance

IN PRELIMINARY INVESTIGATIONS

Article 18

(1)    In the course of a preliminary investigation the prosecuting authority of one Contracting State may request legal assistance from the prosecuting authority of the other State on condition that it does not pertain to the taking of evidence through a court.

(2)    In the case of requests madę under the provisions of paragraph (l), the provisions of part III of this Treaty shall apply mutatis mutandis, with the exception of article 16, paragraph (2), and article 17, paragraph (2).

(3)    In the execution of requests madę in pursuance of paragraph (1), coercive measures may be applied in connection with the questioning of a witness, expert or suspect, provided that provision is madę therefor in the legislation of the requested State.

part v

Transfer of prosecution proceedings

Article 19

REQUESTS FOR THE TRANSFER OF PROSECUTION PROCEEDINGS

(1)    Either Contracting State may request the other Contracting State to take over the prosecution of nationals of that other Contracting State who have com-mitted an offence in the territory of the requesting State.

(2)    The requested Contracting State shall determine whether, under its legislation, there are sufficient grounds for instituting prosecution proceedings.

Vo! 1604. 1-28013