立法数据库

腐败
     Part VII
     Section 36 - 39

    UNTOC 文献

    • 有组织犯罪公约

    • 第18: 条 司法协助
    • 贩运人口议定书

    • 偷运移民议定书

    • 枪支议定书

       

      联合国反腐败公约条款

      • 第四十六条 . 司法协助 - 第四十六条第三款第(a)至(i)項
       

      原始案文

      36 Service of documents

       

      (1) Where the appropriate authority of a foreign country requests the AttorneyGeneral to arrange for the service in Zimbabwe of process relating to a criminal matter in the foreign country, the Attorney-General may arrange for the service of the process. (2) Without limiting the manner in which the service of a document in a foreign country may be proved in Zimbabwe, service of such document may be proved by the affidavit of the person who served the document.

       

      37 Evidence

       

      A certificate by the Attorney-General stating that— (a) Zimbabwe or a specified foreign country is a party to a specified treaty; or (b) a specified treaty entered into force for Zimbabwe or a specified foreign country on a specified day; or (c) on a day specified in the certificate, a specified treaty remained in force for Zimbabwe or a specified country; shall, for the purposes of any proceedings under this Act, be prima facie evidence of the matters stated in the certificate.

       

      38 Authentication of document

       

      (1) In proceedings under this Act, or proceedings under or pursuant to the Serious Offences (Confiscation of Profits) Act [Chapter 9:17] arising directly or indirectly from a request made under this Act, any document that is duly authenticated in terms of subsection (2) shall be admissible in evidence. (2) A document shall be regarded as duly authenticated for the purpose of subsection (1) if it purports to be— (a) signed or certified by a judge, magistrate or officer in or of a foreign country; and (b) authenticated by the oath of a witness or an officer of the Government of the foreign country or sealed with an official public seal of the foreign country or of a Minister. (3) Nothing in this section shall be construed as preventing the proof of any matter, or the admission in evidence of any document, in accordance with any other law of Zimbabwe.

       

      39 Regulations

       

      (1) The Minister may make regulations prescribing matters— (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Regulations made in terms of subsection (1) may provide for— (a) the practice and procedure in relation to the performance by magistrates of functions under this Act, including— (i) the summoning of witnesses; (ii) the production of documents; (iii) the taking of evidence on oath; (iv) the immunity of persons and legal practitioners appearing before magistrates and of witnesses; and (b) the forms of any orders, process or certificates made. issued or given in terms of this Act; and (bl) notifying persons that their attendance at proceedings in a foreign country has been requested in terms of section twenty-four or twenty-five and, where such attendance is compulsory in terms of this Act, ensuring their attendance in compliance with such request; and (c) generally, the facilitating of communication between Zimbabwe and foreign countries for the purposes of this Act; and (d) penalties, not exceeding a fine of level four, for any contravention of any regulations.

       
       

      交叉问题

      • 国际合作

        • 司法协助

          • 法律依据

            • • 联合国反腐败公约
              • 条约或其他协定或安排(多边、区域或双边)
          • 援助类别

            • • 关于资产追回案件
              • 不满足双重犯罪要求时不涉及强制性行动的协助