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Part III Enforcement, 18 Legal Assistance

From: An Introduction to Transnational Criminal Law (2nd Edition)

Neil Boister

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Legal representation, right to — Jurisdiction — International criminal law, conduct of proceedings — Evidence — Jurisdiction of states, extra-territorial

Legal assistance comprises activities that require legal authority such as the gathering of admissible evidence, the service of legal documents, and the recovery of assets extraterritorially. States cannot undertake these activities unilaterally because of the territorial limit on law enforcement. States are thus compelled to seek legal assistance (mutual legal assistance, judicial cooperation) from the territorial state to enforce their coercive powers in another jurisdiction. This chapter briefly discusses the nature of legal assistance and its development, before examining the provisions in the suppression conventions setting out the scope of legal assistance obligations, the range of kinds of legal assistance that can be requested, the conditions for legal assistance, and the procedure for making requests. It then comments on the rights of individuals within the legal assistance process and alternative methods of acquiring evidence abroad.

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