|
(c)The request relates to prosecution or punishment of a person in respect of an act or omission that，if it had occurred in Tanzania，would have constituted an offence under the military 1aw of Tanzania but not under the ordinary criminal law of Tanzania；or
(d)The granting of the request would prejudice public safety，public order，defense or the economic interests of Tanzania；or
(e)The request relates to the prosecution of a person for an offence in a case where the person has been acquitted or pardoned by a competent court or authority in the foreign country or has undergone the punishment provided by the law of that country，in respect of that offence or of another offence constituted by the same act or omission as that offence；or
(f)Except in the case of a request under section I，the foreign country is not a country to which this Act applies．A request by a foreign country for assistance may (discretion) be refused if in the opinion of the Attorney General，
(1)The request relates to the prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Tanzania would not have constituted an offence against the law of Tanzania；or
(2)The request relates to the prosecution or punishment in respect of an act or omission where，if it had occurred in Tanzania at the same time and had constituted an offence against the law of Tanzania，the person responsible could no longer be prosecuted by reason of lapse of time or any other reason；or
(3)The provision of the assistance could prejudice an investigation or proceedings in relation to a criminal matter in Tanzania；or the provision of the assistance would，or would be likely to，prejudice the safety of any person，whether in or outside Tanzania；or the provision of the assistance would impose an excessive burden on the resources of Tanzania．
Any request for assistance shall be made by or to the Attorney General．
Thailand
The law governing international co-op- eration in criminal matters in Thailand is The Act on Mutual Assistance in Criminal Matters 1992．
The Central Authority or person who is responsible for coordinating in mutual assistance under this 1aw is the Attorney General or any person designated by him．
Thailand has signed a treaty with USA, which has not yet come into force．However，under this act，Thailand may provide assistance to any requesting state(on reciprocity basis)even though a treaty on mutual assistance does not exist．
Mutual assistance can be provided in the following matters：
(a)Taking statements；
(b)Providing documents，records and evidence；
(c)Executing requests for search and seizure；
(d)Locating persons；
(e)Initiating criminal proceedings on request；
(f)Taking testimony，documentary／material evidence；
(g)Confiscation of property；
(h)Transferring or receiving detained persons for the purpose of taking evidence．
Thailand may refuse the request for mutual assistance if such request：
(a) Would prejudice its sovereignty．security，and national essential interests;
(b)Is relating to political offence．
A request shall be refused if such request：
(a) Relates to a military offence；
(b) Relates to an offence not punishable by both the requesting and requested states, unless provided otherwise by the treaty.
The execution of the request can be postponed if in the opinion of the Central Authority it will interfere with the investigation，inquiry，prosecution or any criminal proceeding being conducted in Thailand．
China
China has no specific law on mutual assistance in criminal matters，but has several treaties with other foreign countries，namely，Poland，Mongolia，Rumania，Turkey，Cuba，and Russia．
The “central authority” prescribed in these treaties differs from one to another just according to the unique circumstances of the participating countries．The scope of mutual assistance provided in the treaties is also different but mainly in respect to the following matters：
(1)Protection of witness；
(2)Interrogation of the defendant and taking statements；
(3)Providing documents，records，and evidence；
(4)Executing requests for search and seizure；
(5)Inspection, examination and expert evaluation；
(6)Transferring detained persons for the purpose of taking evidence；
(7)Other investigational or evidence collection related to procedural activities．
In practice，Chinese Criminal Justice Authority holds the position that：mutual legal assistance should be provided on the basis of the principle of respect for national sovereignty，jurisdiction，legal system of the respective countries，and of non-interference in the internal affairs of the states． Assistance can be refused for the following reasons：
(1)If it is prejudicial to its national security or public orders；
(2)If it is related to a political offence；
(3)If it is against the international concept of dual criminality；and
(4)Others．
When there is no treaty，requesting or requested assistance from China can be provided on a case by case basis through the diplomatic channel．
Colombia
The Code of Criminal Procedure of Co1ombia provides for mutual assistance in criminal matters to foreign states but mutual assistance is mostly done by way of treaties and conventions．Only if there is no treaty or convention with a requesting state does Colombia resort to the Code of Criminal Procedure．Colombia has a treaty with the USA which also has not yet come into force，but can use this method with other countries on a discretionary basis．
Any request for mutual assistance is made through the diplomatic channel by the Ministry of Foreign Affairs，but in cases like drug trafficking，terrorism，etc．which fall under the jurisdiction of public order judges who are called Regional Judges，request can be made directly through the Attorney General．
|
