Article Thirty Eight
Rejection of request for cooperation
(1) The request for legal cooperation shall be rejected when:
a. The request is not presented according to the laws of the requesting country.
b. Accepting the request contradicts Afghan laws ordisrupts civil order/safety of the society.
c. The case in relation to which legal cooperation is requested has already been decided by [an Afghan] court.
d. Taking the requested measures is contrary tothe Afghan law, orit is not practical to take such measures in relation to the crime stated.
e. The request to implement the verdict is against the laws of Afghanistan.
f. The request to take measures or implement the verdict is based on race, religion, nationality, tribe, political belief, gender, or social status.
(2) Bank privacy cannot beareason to reject the request.
(3) The relevant authorities of Afghan government shall notify the foreign country of the reason(s) for rejection of the request as soon as possible.
Article Thirty Nine
Safety of the witness and expert
(1) Witnesses and experts who, based on the request for legal cooperation of the Afghan judicial entities, show up [for legal cooperation] shall not be subject to prosecution or detention for crimes previously committed inside the Afghan territory.
(2) Judicial authorities of Afghanistan commit to safety of the witnesses and experts under paragraph 1 of this Article. This safety [rule] shall be valid until 30 days after the date when a notice is issuedstating that the witnesses and experts are no longer needed [for cooperation]. Circumstances outside their will shall be exception to this rule.
Article Forty
Testimony of the prisoner
(1) A prisoner can be temporarily sent to testify before foreign judicial authorities except in the following circumstances:
a. The prisoner is needed to testify in a case under trial in an Afghan court.
b. Time to send and bring him back would exceed the remaining time of his sentence.
(2) Prisoner who is requested from a foreign country to testify[in Afghanistan] shall be kept in prison and returned to the relevant country after testimony within the specified time limit.
Article Forty One
Participation of a foreign agent in investigation and trial stages
A judicial agent or the person who is assigned by the relevant authorities of a foreign country can participate in an investigation and trial stages, both to gather information and make sure [proper] investigative measures are taken.
Article Forty Two
Conditions to enforce a verdict
Verdict of a foreign court will be enforced when:
a. The verdict is finalized as per the laws of the foreign country; [and]
b. The act in relation to which the person is convicted is[also] considered a crime under Afghan law.
Article Forty Three
Circumstances when a foreign verdict can not apply
A foreign verdict does not apply if:
a. An Afghan court has already issued a final decision on the same crime.
b. The act on which [a foreign court] issued a decision is not considered a crime in Afghanistan.
c. Prosecution of the crime is against the Afghan law(s) or the punishment is pardoned as per the law.
d. The verdict of the foreign court is contrary to Afghan law or disrupts civil order/safety of [the society].
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