Page 611 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Kanunları ve Tercümeleri
Article 552k
1. Insofar as the request is based on a convention, the provisions are observed as far as pos-
sible.
2. In cases where the request concerned is reasonable but not based on a convention, and
in cases where the applicable convention does not require the request to be complied with, the
request shall be granted, unless compliance conflicts with a legal regulation or an instruction of
the Minister of Justice.
Article 552l
1. The request shall not be carried out:
a. in cases in which there are grounds to suspect that it was made for an investigation,
instituted with the aim of prosecuting, punishing or in any other way affecting the suspect in con-
nection with his religious, philosophical or political convictions, his nationality, race, or the group
of the population to which he belongs;
b. insofar as compliance would involve cooperating with a prosecution or adjudication
which is irreconcilable with the principle underlying Article 68 of the Code of Criminal Procedure
and Article 255, paragraph 1 of that code;
c. insofar as it is made for an investigation into acts for which the suspect is being pro-
secuted in the Netherlands.
2. In the cases in which there are grounds for suspicion as referred to sub a of the previous
paragraph, the request is presented to the Minister of Justice.
Article 552m
1. Requests for an investigation into criminal acts of a political nature, or facts related to this,
shall be granted only in accordance with an authorisation by the Minister of Justice. This authori-
sation can only be given for requests which are based on a convention, and only after consultati-
on with the Minister of Foreign Affairs. The decision on the request is notified to the authorities of
the requesting state by diplomatic means.
2. Paragraph 1 does not apply to a request by the authorities of a state which is party to the
European Convention on the Suppression of Terrorism (Treaty Series, 1977, 63) or the Agreement
on the application of that convention between the member states of the European Communities
(Treaty Series, 1980, 14) with regard to one of the criminal acts referred to in Article 1 or Article 2
of that European Convention or the European Convention on the Prevention of Terrorism (Treaty
Series, 2006, 34), or a request from the authorities of a state which is party to the Protocol to the
Convention drawn up on 16 October 2001 in Luxembourg, on Mutual Assistance in Criminal Mat-
ters between the Member States of the European Union (Treaty Series, 2001, 187).
3. Requests made for an investigation into criminal acts related to charges, taxes, customs,