| |
SCHEDULE 4
Text of Articles 49 and 51 of Schengen Convention
|
| |
Article 49
|
| |
Mutual assistance shall also be afforded:
|
| |
(a) in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of one of the two Contracting Parties, or of both, by virtue of being infringements of the rules of law, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters;
|
| |
(b) in proceedings for claims for damages arising from wrongful prosecution or conviction;
|
| |
(c) in clemency proceedings;
|
| |
(d) in civil actions joined to criminal proceedings, as long as the criminal court has not yet taken a final decision in the criminal proceedings;
|
| |
(e) in the service of judicial documents relating to the enforcement of a sentence or a preventive measure, the imposition of a fine or the payment of costs for proceedings;
|
| |
(f) in respect of measures relating to the deferral of delivery or suspension of enforcement of a sentence or a preventive measure, to conditional release or to a stay or interruption of enforcement of a sentence or a preventive measure.
|
| |
Article 51
|
| |
The Contracting Parties may not make the admissibility of letters rogatory for search or seizure dependent on conditions other than the following:
|
| |
(a) the act giving rise to the letters rogatory is punishable under the law of both Contracting Parties by a penalty involving deprivation of liberty or a detention order of a maximum period of at least six months, or is punishable under the law of one of the two Contracting Parties by an equivalent penalty and under the law of the other Contracting Party by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters;
|
| |
(b) execution of the letters rogatory is consistent with the law of the requested Contracting Party.
|
