Every member state may request any other member state to take on its behalf any judicial procedure in connection with an existing suit, particularly hearing the statements of the witnesses, receiving and discussing the experts’ reports, conducting surveys or requesting to put to oath in all civil, commercial, administrative, penal and personal affairs cases.
A. The judicial delegations in civil, commercial, administrative and personal affairs cases shall be sent directly from the competent authority in the applicant state to the authority requested to execute the delegation in any other member state.
B. In penal cases, the judicial delegations shall be sent directly through the Ministry of Justice in each state.
The relevant authority shall execute judicial delegations provided to it in accordance with the provisions of this agreement and may not reject to execute such delegations other than in the following events:
1. If the execution is not within the jurisdiction of the judicial authority in the state where such execution is required.
2. If the application is related to a crime considered a crime of a political nature by the state required to execute the application.
3. If such execution may prejudice the sovereignty or public order of the state required to execute the application.
In the event of rejection of, or the failure to execute, an application, the authority required to execute the application shall notify the requesting authority thereof immediately and return the papers stating the reasons for the rejection or failure to execute the application.
The judicial delegation shall be executed in accordance with the applicable procedures in the relevant state. If the applicant state intends to execute the delegation in a special manner, the relevant state shall respond to such intention unless such execution is in conflict with its regulations.
Persons whose statements are required to be heard shall be summoned to appear in the manner applicable in the state where the statement is required to be given.
A procedure taken by way of judicial delegation in accordance with the provisions of this agreement shall have the same legal effect as if such procedure was taken by the competent party in the applicant state.
The execution of a judicial delegation shall not create any right to any charges or expenses other than the expert fees and the costs of the witnesses, if necessary. The applicant party shall pay such charges and expenses and a statement shall be sent together with the delegation file.
The state required to execute the judicial delegation may collect for its account and in accordance with its laws the applicable charges for the papers provided upon executing the delegation.