Aviso n.º 66/2018

 
TRECHO GRÁTIS

Aviso n.º 66/2018

Por ordem superior se torna público que o Secretariado-Geral do Conselho da União Europeia procedeu, na qualidade de depositário, à notificação das Declarações da República Italiana formuladas nos termos dos artigos 24.º e 9.º, n.º 6, da Convenção relativa ao auxílio judiciário mútuo em matéria penal entre os Estados-Membros da União Europeia.

Notificação

1 - Declarations under Article 24 of the Convention. Pursuant to Article 24 of the Convention, the Italian Republic makes the following declarations:

1.1 - Declaration regarding Article 24(1).

1 - The judicial authorities competent to issue requests for mutual legal assistance are those set out in the declarations made by Italy in relation to the Convention on Mutual Assistance signed in Strasbourg on 20 April 1959. The authority competent to receive and execute requests for mutual legal assistance is, except where indicated below, the Public Prosecutor (Procuratore della Repubblica) at the Court of the administrative centre of the district in which the requested acts are lo be carried out. Where the request for assistance concerns acts which need to be executed in more than one district, responsibility for their execution lies with the Public Prosecutor of the district in which the highest number of acts are to be carried out, or, if an equal number of acts are to be carried out in each district, the Public Prosecutor of the district in which the act of most importance to the investigation is lo be carried out. If multiple related requests for assistance are issued, the Public Prosecutor designated lo deal with the first request is responsible for their execution.

Where the requesting authority asks that the act be carried out by a judge or where the fundamental principles of the Italian legal system require that the requested act be carried out by a judge, the authority competent lo execute the request is the judge in charge of preliminary investigations (giudice per le indagini preliminari), at the request of the Public Prosecutor.

1.2 - Declaration under Article 24(1) (a) and (d). Competent authorities within the meaning of Article 3(1).

1 - The sole authority competent to make and receive requests for assistance is the Ministry of Justice - Department of Judicial Affairs - Directorate-General for Criminal Justice - office II: International Cooperation (Ministero della Giustizia - Dipartimento Affari di Giustizia - Direzione Generale della Giustizia Penale - Ufficio II - Cooperazione Internazionale).

1.3 - Declaration under Article 24(1) (b).

Competent central authority for the purposes of applying Article 6, as well as in relation to

Article 6 (8). The central authority is the Ministry of Justice - Department of Judicial Affairs - Directorate-General for Criminal Justice - Office II: International Cooperation (Ministero delIa Giustizia - Dipartimento per gli Affari di Giustizia - Direzione Generale della Giustizia PenaleUfficio II - Cooperazione Internazionale), which according to national law is competent in the following specific cases:

(a) for the transmission of requests for assistance where judicial authorities have encountered insurmountable difficulties with direct transmission;

(b) for the transmission of requests for assistance to authorities in the United Kingdom and

Ireland, as long as those States continue not to use the direct transmission options provided for in Article 6 (1) of the Convention;

(c) for the transmission and reception of requests for the transfer of persons held in custody in the cases set out in Article 6 (8) of the Convention.

1.4 - Declaration under Article 24 (1) (c).

Competent police authorities in relation to Article 12, Article 13 and Article 14.

ln addition to the Anti-Mafia Investigation Department (Direzione investigativa antimafia), which is competent in matters related to organized crime, the police authorities competent to receive and transmit requests under Articles 12 and 14 of the Convention are as follows:

For the Guardia di Finanza:

(a) the Central Service for the Investigation of Organized Crime (Servizio Centrale Investigazione Criminalità Organizzata - with regard to the following forms of organized crime only: illegal immigration; trafficking in human beings; usury, money laundering and reinvestment; currency counterfeiting; counterfeiting, alteration or use of distinguishing marks or signs, or of patents, models or designs; introduction into the State and marketing of products with counterfeit marks);

(b) the Protection of Intellectual...

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