{"id":8763,"date":"2022-12-19T12:49:38","date_gmt":"2022-12-19T11:49:38","guid":{"rendered":"https:\/\/gbmlf.miam.dev\/?p=8763"},"modified":"2022-12-19T15:20:39","modified_gmt":"2022-12-19T14:20:39","slug":"law-no-1-536-of-9-december-2022-reform-of-international-judicial-assistance-in-criminal-matters","status":"publish","type":"post","link":"https:\/\/gbmlf.miam.dev\/en\/law-no-1-536-of-9-december-2022-reform-of-international-judicial-assistance-in-criminal-matters\/","title":{"rendered":"Law No. 1.536 of 9 December 2022: reform of international judicial assistance in criminal matters"},"content":{"rendered":"

19.12.2022<\/p>\n

#Criminal #International #Cooperation #MONEYVAL #FATF<\/strong><\/p>\n

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Eva GROS<\/a><\/p>\n

Law No. 1.536 of 9 December 2022 amending Title XI of Book IV of the Code of Criminal Procedure on international judicial assistance<\/span> (published in JDM No. 8621 of 16 December 2022) is the result of bill No. 1068, submitted to the Parliament on 3 November 2022, and voted during the Public Session of 30 November 2022.<\/strong><\/p>\n

The reform aims to ensure that international mutual legal assistance, which “constitutes a major tool for the effectiveness of criminal proceedings”<\/em>, can “be carried out without unreasonable hindrance, while ensuring respect for fundamental rights and freedoms”<\/em>. Mutual assistance “is all the more important for small States such as the Principality of Monaco, in which many proceedings very quickly take on a cross-border, and therefore international, character”<\/em> (Report of the Legislation Committee, pp. 5-6).<\/strong><\/p>\n

The term “demande d”entraide” (request for mutual assistance<\/em>) replaces the term “commission rogatoire” (rogatory commission<\/em>) previously used.<\/strong><\/p>\n

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SUMMARY:<\/b><\/span><\/p>\n

The reform is part of the MONEYVAL evaluation process of Monaco<\/strong>‘s anti-money laundering and combating the financing of terrorism, and of the compliance with the 37th Recommendation – Mutual Legal Assistance of the Financial Action Task Force (FATF)<\/strong> which Monaco operates in its capacity as a member state of the Council of Europe and as a party to the Monetary Agreement concluded with the European Union on 29 November 2011.<\/p>\n

The law renews the general framework of judicial cooperation which in turn strengthens the Monegasque system for combating money laundering and terrorist financing:<\/strong><\/p>\n

– The new articles 596-2 to 596-18 of the Code of Criminal Procedure<\/span> constitute the general law of international judicial cooperation <\/strong>(unless otherwise provided by international convention) ;<\/em><\/p>\n

– Articles 203 to 206 of Section IX – Letters rogatory of Title VI of Book I of the Code of Criminal Procedure are therefore repealed.<\/p>\n

Transitional provisions govern the application in time of the new provisions<\/strong>, depending on whether the documents for the execution<\/strong> of requests for foreign judicial assistance were received by the Public Prosecutor before or after the entry into force of the Law on 17 December 2022.<\/p>\n

This reform complements Law No 1.535 of 9 December 2022 on the seizure and confiscation of instruments and proceeds of crime, which was passed and published the same day.<\/p>\n

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Related publication:<\/strong><\/p>\n

Law No.1535 of 9 December 2022: reform of the system of seizure and confiscation of instruments and products of crime<\/a><\/p><\/blockquote>\n