Page 17 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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5
Kanunları ve Tercümeleri
Effective: October 19, 2009
(a) Execution of request for assistance.
(1) In general.
--Upon application, duly authorized by an appropriate official of the Depart-
ment of Justice, of an attorney for the Government, a Federal judge may issue such orders as may
be necessary to execute a request from a foreign authority for assistance in the investigation or
prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offen-
ses, including proceedings regarding forfeiture, sentencing, and restitution.
(2) Scope of orders
.--Any order issued by a Federal judge pursuant to paragraph (1) may
include the issuance of--
(a) a search warrant, as provided under Rule 41 of the Federal Rules of CriminalProce-
dure;
(b) a warrant or order for contents of stored wire or electronic communications orfor
records related thereto, as provided under section 2703 of this title;
(c) an order for a pen register or trap and trace device as provided under section 3123of
this title; or
(d) an order requiring the appearance of a person for the purpose of providing testi-
mony or a statement, or requiring the production of documents or other things, or both.
(b) Appointment of persons to take testimony or statements.
(1) In general.
--In response to an application for execution of a request from a foreign aut-
hority as described under subsection (a), a Federal judge may also issue an order appointing a
person to direct the taking of testimony or statements or of the production of documents or
other things, or both.
(2) Authority of appointed person
.--Any person appointed under an order issued pursuant
to paragraph (1) may--
(a) issue orders requiring the appearance of a person, or the production of documents
or other things, or both;
(b) administer any necessary oath; and
(c) take testimony or statements and receive documents or other things.
(c) Filing of requests.
--Except as provided under subsection (d), an application for execution of a
request from a foreign authority under this section may be filed--