Chapter 3 Legal Cooperation

Article Thirty

Transfer and Submission of Documents and Evidence by Prosecution Office

The Attorney General’s Office can agree to the request of the requesting country in relation to legal cooperation, [and a request for] transfer and submission of documents and evidence [only] when:

a. The documents and evidence are the tools used in commission of the crime, or are the tools needed to prove the crime.

b. The evidence is not needed by an Afghan judicial authority for a pending Afghan trial or prosecution.

c. The sending of the [the requested] evidence does not abuse rights of a third person(s).

d. The sending of the [the requested] evidence will not unduly harm an innocent third party with an interest in said evidence.

Chapter 3 Legal Cooperation

Article Thirty Two

Transfer and Submission of Documents and Evidence by the Court

(1) The Court may, under the following circumstances, make decision about the sending of the requested items to the requesting country of assets, documents and evidence that have considerable [evidentiary] value and with no possibility of claim of right by a third person:

a. When the assets, evidence and documents are prohibited items, or are residues or tools needed to prove the commission of a crime, or are used in commission of a crime.

b. When documents, evidence and assets are the proceeds of a crime or were in possession of the accused during or after the arrest.

(2) The Court can order, until it [formally] receives a request, freezing and confiscation of assets when necessary, as per notice of the requesting country. In this case, the freezing and confiscation of assets cannot continue for more than one month, except for [when] the requesting country provides the court with satisfactory reasons for an extension of the order [freezing or confiscating the assets].

Chapter 3 Legal Cooperation

Article Thirty Four

Request made by more than one Country for Transfer of Documents, Evidence and Assets

(1) When more than one country requests the transfer of documents and evidence or return of the assets derived from the same crime, the Attorney General’s Office or the High Council of the Supreme Court can accept for consideration the request of the country whose interest or citizens were affected.

(2) When more than one country requests the transfer of documents and evidence or the return of the assets derived from different crimes, the Attorney General’s Office or the High Council of the Supreme Court shall decide to accept the request of the country whose interest and citizens were more severely affected, considering the loss incurred to the victim. If the loss [incurred] is equal in all requesting countries, the request of the country that came first shall prevail.

Chapter 3 Legal Cooperation

Article Thirty Five

Temporary Transfer of the Documents and Evidence

The Prosecution Office, before preparing the indictment, and the court, before addressing the case, can make a decision on [any] request for temporary transfer of the documents and evidence.