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Uluslararası Adli İşbirliği
excise, or related facts, with regard to which compliance could be important for the State Tax
Administration, or requests related to data which are held by the State Tax Administration or have
become known to employees of that service in the performance of their duties, are granted only
with the authorisation of the Minister of Justice. This authorisation shall only be granted for requ-
ests which are based on a convention and only after consultation with the Minister van Finance.
Article 552n
1. The public prosecutor passes a request from a foreign legal authority that is subject to
compliance and based on a convention to the supervisory judge:
a. if it involves questioning persons who are not prepared to appear voluntarily and
make the requested declaration;
b. if it involves cooperating with an examination by or under the supervision of a fore-
ign legal authority of a witness or expert by video conference;
c. if there has been an express request for a sworn declaration, or a declaration made
before the court;
d. if it is necessary to seize pieces of evidence with a view to achieving the desired
result.
2. In cases other than those referred to in the previous paragraph, the public prosecutor can
pass the request from a foreign legal authority to the examining judge.
3. The request is submitted by means of a written demand which describes the activities re-
quired from the examining judge.
4. The demand referred to in the previous paragraph can be withdrawn at any time.
Article 552o
1. Insofar as the demand referred to in Article 552n, paragraph 3, has been made with a view
to granting a request from a foreign legal authority which is subject to compliance and is based
on a convention, it has the same legal consequences as a demand to institute a preliminary judi-
cial investigation as regards:
a. the powers of the examining judge with regard to the suspects, witnesses and ex-
perts to be examined by him, as well as those in respect of ordering the extradition or transfer of
pieces of evidence, takingmeasures in the interests of the investigation, having a DNA test carried
out, and ordering the taking of cell material for that purpose, the searching of places and seizing
of pieces of evidence;
b. the powers of the public prosecutor;
c. the rights and duties of the persons to be examined by the examining judge;
d. the assistance of a lawyer;
e. the actions of the registrar of the court.