Page 18 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(1) in the district in which a person who may be required to appear resides or is loca-
ted or in which the documents or things to be produced are located;
(2) in cases in which the request seeks the appearance of persons or production of
documents or things that may be located in multiple districts, in any one of the districts in which
such a person, documents, or things may be located; or
(3) in any case, the district in which a related Federal criminal investigation or prosecu-
tion is being conducted, or in the District of Columbia.
(d) Search warrant limitation.
--An application for execution of a request for a search war-
rant from a foreign authority under this section, other than an application for a warrant issued as
provided under section 2703 of this title, shall be filed in the district in which the place or person
to be searched is located.
(e) Search warrant standard
.--A Federal judge may issue a search warrant under this section
only if the foreign offense for which the evidence is sought involves conduct that, if committed
in the United States, would be considered an offense punishable by imprisonment for more than
one year under Federal or State law.
(f) Service of order or warrant.
--Except as provided under subsection (d), an order or warrant
issued pursuant to this section may be served or executed in any place in the United States.
(g) Rule of construction
.--Nothing in this section shall be construed to preclude any foreign aut-
hority or an interested person from obtaining assistance in a criminal investigation or prosecution
pursuant to section 1782 of title 28, United States Code.
(h) Definitions.
--As used in this section, the following definitions shall apply:
(1) Federal judge.
--The terms “Federal judge” and “attorney for the Government”
have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure.
(2) Foreign authority.
--The term“foreign authority”means a foreign judicial autho-
rity, a foreign authority responsible for the investigation or prosecution of criminal offenses or for
proceedings related to the prosecution of criminal offenses, or an authority designated as a com-
petent authority or central authority for the purpose of making requests for assistance pursuant
to an agreement or treaty with the United States regarding assistance in criminal matters