Mutual Legal Assistance in Asia and the Pacific : Experiences in 31 Jurisdictions / OECD.

Format:

Book

Author/Creator:

Organisation for Economic Co-operation and Development, author, issuing body.

Series:

ADB/OECD Anti-Corruption Initiative for Asia and the Pacific

Language:

English

Subjects (All):

Judicial assistance.

Corruption investigation.

Physical Description:

1 online resource (66 pages).

Place of Publication:

Paris : OECD Publishing, 2017.

Summary:

Mutual legal assistance (MLA), and international cooperation more broadly, are important issues in the investigation and prosecution of corruption crimes. This report outlines common barriers to MLA among the 31 member jurisdictions of the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific, and describes best practices used to overcome these barriers.

Contents:

ABBREVIATIONS AND ACRONYMS

FOREWORD

EXECUTIVE SUMMARY

INTRODUCTION

I. COMMON CHALLENGES TO EFFECTIVE MLA IN CORRUPTION CASES

A. Lack of an effective legal basis for cooperation

B. Differences in legal and procedural frameworks

C. Language barriers

D. Delay, no response at all, or insufficient response

E. Resource issues

F. "Traditional" grounds for refusing MLA

1. Evidentiary and informational issues

2. Dual criminality

3. Other grounds for refusal

II. BEST PRACTICES FOR MLA IN CORRUPTION CASES

A. Building networks and relationships

B. Preparing a strong request for assistance

1. Training for individuals preparing requests

2. Guidance for preparation of requests

C. Consultations in relation to MLA requests

D. Transmission and prioritisation

E. Monitoring requests

III. PRACTICAL TOOLS FOR FACILITATING EFFECTIVE MLA

A. Direct law enforcement cooperation

B. Spontaneous exchanges of information

C. Using international networks to facilitate assistance

1. Periodic meetings with other jurisdictions

2. Involvement in international or regional networks and organisations

3. Liaison officers stationed abroad

CONCLUSION AND RECOMMENDATIONS

Recommendations at the individual law enforcement level

Recommendations at the agency and national level

Recommendations at the international level

REFERENCE LIST

ANNEX A TYPES OF MLA REQUESTED AND RENDERED

ANNEX B OUTGOING AND INCOMING MLA REQUESTS

ANNEX C CENTRAL AUTHORITIES AND LAW ENFORCEMENT CONTACTS

Boxes.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

92-64-89929-4